Federal prosecutors in North Carolina are moving to include James Comey’s own fiction writing as evidence in the ongoing legal case regarding a controversial Instagram post. The government alleges that a 2025 photo of seashells arranged to read 8647 constitutes a true threat against President Donald Trump. Prosecutors argue that the number is a coded reference to 86 meaning to kill and 47 representing the president.
In court documents filed Tuesday, the Department of Justice pointed to Comey’s novel, FDR Drive, released shortly after the social media post. The government claims the plot, which involves a prosecutor who uses online messages to encourage followers to harm political enemies, mirrors the behavior they attribute to Comey. Prosecutors argue this provides critical context for the defendant's state of mind and intentional communication.
Comey, who served as FBI Director, maintains his innocence. His legal team previously argued that he is the target of selective prosecution, noting that merchandise featuring the term 8647 is widely available online. They also suggested that the legal action is driven by political motivations stemming from past investigations. Prosecutors countered these claims by asserting that they lack evidence of retaliatory intent and that the prosecution is based on the unique circumstances of the threat rather than general political criticism.
The government also highlighted text messages between Comey and his literary agent where the defendant acknowledged the viral nature of the controversy could boost book sales. Furthermore, the filing includes an affidavit from U.S. Attorney W. Ellis Boyle, who stated he made the decision to charge Comey independently. Prosecutors explicitly defended the executive authority of the president to direct the Justice Department, arguing this oversight is an intended aspect of the constitutional separation of powers.