July 28, 2026
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40:22Now PlayingThe Legal Fight Over Comey's 8647 Instagram Post - Protected Speech or a True Threat?
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James Comey's attorneys have filed a motion to dismiss the second indictment against him, and Hawk, a trial attorney, reads through the 40-page pleading and explains what it argues. The charges stem from an Instagram post of seashells arranged to read 8647, a widely sold anti-Trump slogan Comey says he came across on a North Carolina beach and captioned as a cool shell formation.
The motion argues the indictment fails on its face. Comey's lawyers contend that 86 means to get rid of or eject, not to kill, that 47 refers to the 47th president, and that no reasonable observer could read the post as a true threat, the only crime charged. They frame it as protected political speech under the First Amendment, note the same slogan has been sold for prior presidents, and point out Comey did not create the arrangement or direct the post at anyone. Hawk highlights the argument that the government waited 11 months to act, which he reads as evidence of a political prosecution.
Hawk walks through the structure of the brief, the Rule 12 standard for dismissing a defective indictment, the true-threat case law, and the closing on free speech. His assessment is that it is a strong, well-supported motion, and he expects the indictment to be dismissed.
#JamesComey #8647 #FirstAmendment #DonaldTrump #ToddBlanche #KashPatel #LindsayHalligan #PamBondi #MotionToDismiss #TrueThreat #FreeSpeech #DOJ #Indictment #Rule12 #EasternDistrict #Politics #News #BreakingNews #LegalAnalysis #Hawk
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