Former FBI Director James Comey has asked a federal court in North Carolina to dismiss a lawsuit alleging he threatened President Trump by posting a photo of "8647" beach shells. Comey's lawyers argue the case is retaliatory and selective, and alleges the Secret Service subjected him to unwarranted electronic surveillance.

The lawsuit revolves around the "8647" photo.

According to the latest court documents, Comey took and posted a photo in May 2025 on a North Carolina beach showing seashells arranged in the shape of "86 47". Trump later claimed that this content was an allusion to "assassination".

Prosecutors filed charges in April, accusing Comey of threatening the president and disseminating threatening messages via interstate communications. Comey's campaign has requested the court to dismiss the charges immediately, arguing that the prosecution's handling of the case is clearly biased.

Lawyers accuse the Secret Service of illegal surveillance

Comey's lawyers stated in the filing that the Secret Service, at the request of a senior Justice Department official, conducted "knowingly illegal electronic surveillance" on Comey. The filing also stated that a Secret Service supervisor at the time acknowledged that such unwarranted surveillance was "legally questionable," but the agency might still continue it.

Lawyers say the surveillance occurred on the same day Trump publicly accused Comey. The surveillance covered not only Comey himself but also his wife's journey back to Washington. Documents state that the couple stopped to visit their deceased son's grave, and that part of their trip was also tracked.

• Comey's reasons for requesting the dismissal included retaliatory prosecution and selective prosecution.
• The lawyer stated that the surveillance occurred in May 2025.
• The indictment was filed in April 2026.

The document states that the White House and the Department of Justice were continuously briefed.

Court documents also state that the Secret Service maintained close coordination with the Department of Justice and Trump himself during the handling of the matter. Lawyers indicated that the Secret Service, at Trump's direct request, frequently sent progress updates to Air Force One so that Trump would be informed before making statements to the media.

The document also states that on the very day the surveillance occurred, the Secret Service immediately implemented a new policy that designated "8647" as a coded expression that threatened the president.

A spokesperson for the U.S. Department of Justice, responding to media inquiries, stated that a North Carolina jury has indicted Comey, and he will appear in court like other defendants.

Comey had previously filed another lawsuit that was dismissed.

It is worth noting that a federal judge in Virginia dismissed another indictment against Comey last year, which accused him of lying during his testimony before Congress.

The judge ruled that the appointment process for the U.S. Attorney for the Eastern District of Virginia, who was handling the case, was illegal. Lindsey Haligan, who filed the lawsuit, was Trump's personal lawyer.

This background further imbues Comey's latest "selective prosecution" proposal with a political and procedural controversy.