Comey claims DOJ ordered illegal surveillance, seeks dismissal of "86 47" case

Core Impact Points

• Comey's lawyers argue that the indictment should be dismissed due to vindictive and selective prosecution, citing the government's alleged misconduct and the president's animosity towards him.
• The former FBI director claims the DOJ conducted 'illegal electronic surveillance' of his phone without a warrant, and that the Secret Service 'pinged' his phone to track its location.
• Comey's legal team also requests a Franks hearing to determine if the government misled or lied to the magistrate judge who approved search warrants.
• The indictment stems from a 2025 Instagram post where Comey posted a photo of seashells arranged to form the numbers '86 47', which Trump's allies accused of being a threat against the president.
• Comey's lawyers point to the availability of merchandise with the message '86 47' or '86 46' online, suggesting that the government has not taken similar steps to prosecute sellers.
• The case has sparked concerns about the politicization of the justice system and the potential for selective prosecution.