James B. Comey Challenges Federal Prosecution Over Seashell Post and Disputed Surveillance

Former FBI Director James B. Comey has challenged federal prosecutors over allegations of unlawful surveillance and questioned the credibility of evidence in his case, according to court filings submitted in North Carolina federal court. The dispute centers on a social media post featuring seashells arranged numerically and the government's reliance on testimony from an infamous mobster informant.

The Core Allegations

Comey faces two felony counts following an online photo posted in May 2025 showing seashells arranged to display the numbers "86 47." Federal prosecutors contend the arrangement constitutes a threat against President Donald Trump, who is serving his 47th presidential term. Comey's legal team disputes this interpretation and argues that authorities conducted surveillance without proper authorization.

Court documents detail instances where Secret Service personnel discussed "pinging" Comey's cellphone and contacted Verizon requesting location data under what they characterized as an "emergency" situation. One unidentified Secret Service official stated in internal communications that the agency did not believe anyone faced immediate danger and that the phone tracking was legally problematic. The surveillance allegedly continued as Comey and his wife visited their deceased son's grave.

The Mobster Informant Problem

Among the prosecution's investigative steps was an interview with Salvatore "Sammy the Bull" Gravano, a former Gambino crime family underboss turned government cooperator. Gravano testified that organized crime figures used the term "86" as slang for killing someone. Prosecutors presented this testimony to suggest Comey, given his law enforcement background, would have understood the alleged threatening meaning.

Comey's defense team challenged this reasoning. An FBI agent reviewed bureau files from a case Comey prosecuted as a young prosecutor involving mobster John Gambino—a case in which Gravano cooperated—but found no references to the term "86." Gravano himself stated he did not recall discussing the term with Comey or hearing it mentioned during the trial proceedings.

Comey's Response

The former FBI director, known as a vocal Trump critic since his 2017 dismissal, attributes the prosecution to political motivation. His legal motion seeks dismissal of the charges and a hearing to challenge the evidence presented by the Justice Department. A department spokesperson declined to comment on the specifics of the case. The Secret Service similarly did not respond to requests for clarification.