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Investigators in Comey seashells case omitted key facts and distorted others, defense lawyers allege

Defense lawyers say investigators found no evidence that “86” meant violence and omitted those failed searches from warrant applications.

  • On Tuesday, former FBI Director James Comey filed motions to dismiss his indictment, accusing President Donald Trump of orchestrating a 'selective and vindictive prosecution' against him over a seashells Instagram post.
  • Comey's legal team argues the indictment punishes him for political speech, citing a 'years-long campaign' by the President to use the criminal process against a vocal critic of the administration.
  • Lawyers claim investigators withheld that a source initially interpreted '86' as a menu term, only linking it to violence after listening to Rudy Giuliani's online show about alleged mafia slang.
  • This motion follows a 2025 Virginia case where a judge dismissed Comey's indictment after finding the prosecutor was illegally appointed, providing precedent his team now leverages to challenge the current prosecution.
  • If the case proceeds, trial is scheduled for October 21 in New Bern, North Carolina, while prosecutors maintain they can prove intent through witnesses and documents despite defense allegations of misconduct.
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WABC broke the news on Tuesday, July 28, 2026.
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