Former FBI Director James Comey formally asked a federal district court in North Carolina on July 27 to dismiss the indictment charging him with threatening President Donald Trump.
Comey argues in the new motion to dismiss that when he posted a photo on social media with seashells arranged to read “86 47,” he was making a political statement in opposition to Trump, and not making what lawyers call a true threat against him.
A true threat is a serious statement indicating someone intends to commit violence against a specific person.
“Both Counts of the indictment seek to punish Mr. Comey for a social media post expressing a political viewpoint,” Comey attorneys write in the motion.
“As a matter of law, that post was protected by the First Amendment and falls outside the scope of 18 U.S.C. [Section] 871(a) and 18 U.S.C. [Section] 875(c). Both Counts must therefore be dismissed.”
This is a developing story and will be updated.
