Comey 8647 case: Lawyers allege illegal Secret Service surveillance
Comey’s lawyers asked a federal judge to dismiss the indictment, alleging illegal Secret Service surveillance and political targeting.
By Maya Okafor · Markets Writer
· 3 min read
James Comey’s lawyers are asking a federal judge to throw out the Comey 8647 case, arguing that the former FBI director was targeted for prosecution and illegally monitored by the U.S. Secret Service. For investors and other readers tracking Washington risk, the filing adds another legal fight involving President Donald Trump, the Justice Department and a former senior law enforcement official.
In a Tuesday night filing in U.S. District Court for the Eastern District of North Carolina, Comey’s attorneys asked for dismissal of an April indictment on the grounds of vindictive and selective prosecution. The indictment accuses Comey of threatening the president and transmitting a threat in interstate commerce over an Instagram photo showing seashells arranged as “8647” on a North Carolina beach.
Comey’s lawyers allege that the Secret Service “knowingly conducted illegal electronic surveillance” of Comey in May 2025 after a request from the “number three” person at the Department of Justice. The filing says the surveillance tracked Comey and his wife as they traveled back to Washington, D.C., from North Carolina, including a stop at the grave of their deceased son.
The filing also says a Secret Service supervisor described the warrantless surveillance as “legally questionable,” while indicating the agency “might do it anyway.” Those claims are allegations by Comey’s defense team and have not been ruled on by the court.
What does 8647 mean in the Comey case?
The dispute centers on Trump’s claim that Comey’s Instagram post was an assassination threat. “86” is widely used in restaurants to mean that an item is no longer available, and Trump is the 47th president of the United States.
According to Comey’s lawyers, the Secret Service adopted a new policy the same day it conducted the alleged surveillance, treating “8647” as coded language for threatening the president. The filing says the change took effect immediately.
Comey’s attorneys also claim the Secret Service was coordinating with both the Justice Department and Trump. The filing says the agency sent frequent updates to Air Force One after direct requests from Trump, who wanted information before speaking publicly about Comey’s Instagram post.
A Department of Justice spokesperson, asked about the filing, told MS NOW that “a North Carolina grand jury indicted Comey, and he’ll have his day in court like any other defendant.”
What is selective or vindictive prosecution?
Selective prosecution is a defense claim that a person was singled out for charges for an improper reason, such as politics, rather than neutral law enforcement. Vindictive prosecution is a claim that prosecutors brought or pursued charges to punish a defendant for protected conduct or some other improper motive.
Comey’s filing asks the judge to dismiss the indictment on both theories. The filing does not resolve the case by itself; it sets up a court fight over whether the prosecution can move forward.
Comey has faced another federal criminal case tied to his public role. A federal judge in Virginia last year dismissed an indictment that accused him of lying to Congress, finding that Lindsey Halligan, a former personal lawyer for Trump, had been unlawfully appointed as U.S. attorney for the Eastern District of Virginia. Halligan had obtained that indictment.
This story draws on original reporting from CNBC.
