The Department of Justice has urged a judge not to throw out a case involving former FBI Director James Comey's '86 47' seashells post, arguing an objective viewer could interpret it as a threat to President Trump.
Key facts
- The DOJ is opposing a motion to dismiss the case tied to Comey's '86 47' seashells post.
- Prosecutors argued an objective viewer could read the post to mean 'Kill President Trump.'
- The DOJ referenced Comey's novel in its argument to the judge.
- The case centers on a post that the government characterizes as a threat to President Trump.
The Department of Justice has asked a judge not to dismiss a case connected to a ’86 47′ seashells post attributed to former FBI Director James Comey, according to CNBC. Prosecutors framed the post as one that could be read as a threat against President Donald Trump.
In their filing, prosecutors made their case in stark terms. “There is no serious dispute that an objective viewer of Comey’s post could read it to mean ‘Kill President Trump,’” they said, as reported by CNBC.
As part of their argument urging the judge to keep the case alive, the DOJ cited Comey’s novel, according to CNBC’s reporting on the filing. The reference was invoked in the government’s effort to counter a push to have the matter thrown out.
The dispute centers on how the post should be interpreted. The government’s position is that the meaning is clear enough that an objective viewer could take it as a call to kill the president, a reading that forms the basis of its opposition to dismissal.
CNBC published its report on the DOJ’s filing on August 19, 2026. The available reporting focuses on the prosecutors’ central argument and their citation of Comey’s novel as they sought to persuade the judge not to dismiss the case.
Why it matters
The case involves a former FBI director and how a public post is legally interpreted, raising questions about the line between political expression and threats against the president. The outcome of the dismissal fight could shape whether the matter proceeds toward trial.