Of course, it was.
The Justice Department defended its criminal prosecution of former FBI Director James Comey in court filings Tuesday, arguing there is “no serious dispute” that his Instagram photo of seashells arranged to read “86 47” could be understood as a threat against President Donald Trump, according to reports from the Associated Press and The Hill.
Prosecutors in the Eastern District of North Carolina urged a judge not to dismiss the case, saying a jury — not the court — should decide whether the May 2025 post constituted a “true threat” against the president’s life, The Hill reported. Trump is the 47th president.
According to The Hill, the government’s filing stated:
“The issue presented is who should answer the ‘true threats’ question. … Comey seeks to take the question away from the jury before the government presents any evidence (or even allegations setting forth its theory of the case. No authority supports his attempt to shortcircuit these proceedings.”
The filings represent the government’s most detailed explanation to date of its indictment, the Associated Press reported. They came in response to defense motions seeking dismissal on grounds that include vindictive prosecution and that the post did not amount to a true threat.
The government also invoked Comey’s crime novel “FDR Drive,” released days after the post, to bolster its case, according to NBC News. The filings describe the book as centering on a “far-right wing media personality” whose foes are killed after “he singled out his enemies by name and suggested ‘something should be done’ about them.”