Comey will challenge ‘selective,’ ‘vindictive’ prosecution in NC case

Former FBI Director James Comey will argue that a federal criminal case against him in North Carolina should be dismissed because of “selective” and “vindictive” prosecution. The federal government accuses Comey of threatening President Donald Trump with a 2025 social media post.

Comey’s lawyers filed a motion Monday seeking a federal judge’s permission to submit one brief by a July 28 deadline that would address both issues of selective and vindictive prosecution. A local court rule requires separate briefs on each issue unless the judge grants the motion, according to the court filing.

The former FBI director plans to address accusations of selective and vindictive prosecution “among other motions,” his lawyers wrote.

The federal government “does not object” to Comey’s request, according to the court filing.

Carolina Journal reported in June that Michael Dreeben, a former US deputy solicitor general with more than 100 arguments before the US Supreme Court, is one of six new lawyers who joined Comey’s defense team in North Carolina. The new lawyers joined former Chicago-based US Attorney Patrick Fitzgerald, who joined Comey’s case in May. Fitzgerald “is best known for his role as special prosecutor in the investigation into a CIA leak that brought charges against I. Lewis ‘Scooter’ Libby,” according to a September 2025 NBC News report.

Comey is scheduled for arraignment on Sept. 30 in New Bern. A trial is scheduled on Oct. 21 before US District Judge Louise Flanagan.

Flanagan issued a May order delaying proceedings in the case. Comey’s arraignment had been scheduled June 30, with a trial to follow on July 15.

“The gravity of the charges, anticipated further discovery production to defendant, and the need to provide defendant time to file motions based upon same promote need for continuance,” Flanagan wrote. “Implicit in the government’s reported statement of no opposition here is the government’s agreement that the ends of justice served by this continuance, for direct benefit of defendant, outweigh the interests of the public in a speedy trial.”

Comey’s lawyers filed a motion on May 20 to push the arraignment back to October.

“Mr. Comey expects to file multiple motions on constitutional grounds seeking dismissal of the indictment,” his lawyers wrote. “Some of these motions may be dependent upon the discovery to be produced by the Government, and may require extensive briefing. Discovery is still forthcoming from the Government. For that reason, Mr. Comey respectfully requests that the Court extend the current scheduling deadlines.”

Comey faces two charges related to alleged threats against Trump. The charges are based on a 2025 Instagram post in which Comey documented seashells on a beach arranged to spell out “86 47.”

The slang term “86” means “to throw out,” “to get rid of,” or “to refuse service to,” according to Merriam-Webster.com. Trump is the 47th American president.

Comey appeared in a Virginia federal courthouse on April 29, the day after his indictment.

The indictment charges that Comey “knowingly and willfully made a threat to take the life of, and to inflict bodily harm upon the President of the United States.”

While in the “Eastern District of North Carolina,” Comey “publicly posted a photograph on the internet social media site Instagram which depicted seashells arranged in a pattern making out ‘86 47,’ which a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to the President of the United States,” according to the indictment.

A second count charges that Comey “knowingly and willfully did transmit in interstate and foreign commerce a communication that contained a threat to kill the President, Donald J. Trump, specifically.”

“Threatening the life of the President of the United States is a grave violation of our nation’s laws,” US Acting Attorney General Todd Blanche said in a news release. “The grand jury returned an indictment alleging James Comey did just that, at a time when this country has witnessed violent incitement followed by deadly actions against President Trump and other elected officials. The temperature needs to be turned down, and anyone who dials it up and threatens the life of the President will be held accountable.” 

Comey is charged with threatening the president in violation of 18 U.S.C. § 871(a) and transmitting a threat in interstate commerce in violation of 18 U.S.C. § 875(c). He faces a maximum penalty of 10 years in prison if convicted.

The since-deleted social media post prompted a backlash last year. “Cool shell formation on my beach walk,” Comey wrote along with the photo of the arranged sea shells in the sand.

“I posted earlier a picture of some shells I saw today on a beach walk, which I assumed were a political message,” Comey wrote in a later Instagram post. “I didn’t realize some folks associate those numbers with violence. It never occurred to me but I oppose violence of any kind so I took the post down.”

The North Carolina case was the Justice Department’s second indictment of Comey in seven months. In September 2025 he faced an indictment on charges that he lied to and obstructed Congress during testimony in 2020. That case was dropped when a judge concluded that the prosecutor handling the case had been appointed illegally.

“Comey will challenge ‘selective,’ ‘vindictive’ prosecution in NC case” was originally published on www.carolinajournal.com.