What Happened
On July 28, 2026, attorneys for former FBI Director James Comey filed a motion in the U.S. District Court for the Eastern District of North Carolina seeking to dismiss an indictment that accuses Comey of threatening President Donald Trump by posting a seashell photo that formed the numbers '8647' on Instagram. The filing alleges that on the same day Trump publicly claimed Comey was threatening 'assassination' with that image, the Secret Service conducted illegal electronic surveillance of Comey and his wife as they returned from a North Carolina beach to Washington, D.C.
The surveillance reportedly began in May 2025 and included monitoring their movements, specifically noting a visit to the grave of the Comeys’ deceased son. According to the filing, the surveillance was initiated at the request of the 'number three' official at the Department of Justice and carried out despite internal doubts about its legality. A Secret Service supervisor is quoted as describing the warrantless monitoring as 'legally questionable' but saying the agency 'might do it anyway.' The document also says the Secret Service forwarded frequent updates to Air Force One in response to direct requests from President Trump.
What the Evidence Establishes
The court filing presents several specific allegations supported by internal statements. It claims the Secret Service 'knowingly conducted illegal electronic surveillance' of Comey at the behest of a high-level DOJ official. A Secret Service supervisor reportedly told investigators that the warrantless surveillance was 'legally questionable' but that the agency 'might do it anyway.' The filing asserts that the surveillance included tracking Comey and his wife during their return from North Carolina, explicitly mentioning that agents observed them stopping to visit the grave of their deceased son.
Additionally, the document states that the Secret Service sent frequent updates to Air Force One, responding to direct requests from President Trump who wanted updates before speaking to the press about Comey’s Instagram post. On the same day the surveillance occurred, the Secret Service allegedly instituted a new policy, effective immediately, to treat the phrase '8647' as coded language for threatening the President. The filing notes that '86' is a restaurant term indicating an item is no longer available and that Trump is the 47th U.S. president, forming the numeric sequence '8647.' The indictment being challenged was issued in April 2026 and accuses Comey of threatening the president and transmitting a threat in interstate commerce via the Instagram post.
Where the Accounts Conflict
The Department of Justice has offered a contrasting narrative to the allegations in Comey’s filing. A DOJ spokesperson told MS NOW that 'a North Carolina grand jury indicted Comey, and he'll have his day in court like any other defendant,' suggesting the indictment is legitimate and not the product of vindictive prosecution. This stance conflicts directly with the claim that the indictment was sought at Trump’s behest and that the Secret Service acted on improper political direction.
Further complicating the picture, a federal judge in Virginia previously dismissed another indictment against Comey that accused him of lying to Congress. In that case, the judge found that Lindsey Halligan, a former personal lawyer for Trump, had been unlawfully appointed as U.S. attorney for the Eastern District of Virginia, which was prosecuting Comey. That earlier ruling raises questions about the legitimacy of prosecutorial appointments in cases involving Comey, though the DOJ spokesperson’s comment appears to treat the current North Carolina indictment as procedurally sound despite those prior concerns.
Context and Stakes
The '8647' reference derives from a political meme where '86' signifies removal and '47' denotes Trump’s status as the 47th president, together implying a call to remove Trump from office. Comey’s Instagram post of seashells arranged to show those numbers sparked the controversy, with Trump interpreting it as a threat. The context includes a broader pattern of legal actions taken against Comey during and after the Trump administration, including multiple investigations and indictments that have been challenged on grounds of prosecutorial misconduct.
The stakes involve potential abuse of surveillance powers for political retaliation, which could chill protected speech and undermine public trust in federal law enforcement agencies. If the allegations are substantiated, they could prompt congressional oversight of Secret Service protocols, lead to reforms regarding electronic surveillance oversight, and influence how future administrations handle perceived threats expressed through symbolic speech. Conversely, if the court finds the indictment valid, it may reinforce the administration’s ability to pursue legal action against critics, raising questions about online expression that it deems threatening.
What to Watch Next
The immediate focus will be on the judge’s ruling on Comey’s motion to dismiss the indictment, which is expected within the next week. Legal analysts note that motions to dismiss on vindictive prosecution grounds succeed in fewer than 15% of federal cases historically, but the presence of alleged internal Secret Service statements about the surveillance being 'legally questionable' could affect the judge’s assessment.
Should the motion be denied, the filing also requests a Franks hearing to challenge the truthfulness of statements used to obtain any surveillance warrants. A Franks hearing would allow examination of whether the Secret Service misled a judge about the legality or necessity of the surveillance. The timing of any such hearing is uncertain but would likely occur within two months if granted.
Beyond the courtroom, observers should monitor any Congressional inquiries into the Secret Service’s electronic surveillance practices, particularly regarding the alleged new policy treating '8647' as a threat code. Additionally, the outcome may influence related civil litigation concerning privacy rights and could become a talking point in the 2026 midterm election campaigns concerning executive overreach and agency accountability.
Bottom Line
The core allegation is that the U.S. Secret Service conducted warrantless electronic surveillance of James Comey and his wife in May 2025, allegedly at the direction of a senior DOJ official and in response to direct requests from President Trump, after Comey posted a seashell photo forming '8647' on Instagram. The filing cites internal Secret Service commentary describing the surveillance as 'legally questionable' yet undertaken anyway, and claims the agency monitored the couple’s return from North Carolina, including a visit to the grave of their deceased son.
While the Department of Justice maintains the indictment is a legitimate grand jury action and Comey will have his day in court, the conflicting accounts raise significant questions about the motivations behind the prosecution and the propriety of the surveillance tactics employed. The resolution of the motion to dismiss and any ensuing Franks hearing will determine whether the court finds sufficient evidence to support claims of vindictive and politically motivated prosecution, with potential repercussions for federal surveillance oversight and the balance between security measures and First Amendment protections.
DECLASSIFIED SOURCE: CNBC Top News (via Real-time Signal Upgrade)
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