Read James Comey’s filing calling NC seashell case vindictive, selective prosecution

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Former FBI Director James Comey Jr. is asking a federal judge to dismiss charges accusing him of threatening President Donald Trump, arguing he was singled out and targeted in retaliation for criticizing the president.

The motion, one of three filed by Comey’s attorneys Tuesday night, asks U.S. District Judge Louise Flanagan to dismiss the two federal charges on the grounds that he was selectively prosecuted and vindictively prosecuted.

Comey’s indictment, his second within a year, violates his constitutional rights to free speech, due process and equal protection under the law, Comey’s attorneys argue in a memorandum filed in North Carolina’s federal Eastern District.

In an interview earlier this year, W. Ellis Boyle, the U.S. attorney overseeing the Eastern District of North Carolina, rejected criticism that his office was pushing the limits of the law to carry out President Donald Trump’s agenda.

“We approach every potential threat prosecution individually and regard it on its merits,” Ellis told The News & Observer. “If we believe that there is a case to be prosecuted to protect Americans and society, we undertake it.”

Ellis, who was appointed to the office under the Trump administration in August 2025, was confirmed by the Senate in May.

The North Carolina case stems from a May 2025 Instagram post in which Comey shared with his 200,000 followers a photo of seashells arranged to read “86 47.” He said he found the shells that way on a North Carolina beach.

Trump and federal prosecutors say the post amounted to a threat against the president. Comey has said he did not intend the post as a threat and removed it after learning others interpreted it that way.

A North Carolina grand jury indicted Comey on April 28 on two felony charges of threatening the president and transmitting a threat across state lines.

Each charge carries a maximum sentence of five years in prison. The case has drawn national attention as it tests the line between protected political speech and what federal law treats as a true threat.

This story was originally published July 29, 2026 at 7:51 AM with the headline “Read James Comey’s filing calling NC seashell case vindictive, selective prosecution.”