Federal prosecutors are pointing to a novel written by former FBI Director James Comey as new evidence in their push to keep criminal charges against him alive. Comey faces allegations that he threatened to kill President Donald Trump through an Instagram post showing seashells arranged on a North Carolina beach to spell out “86 47.” The Justice Department is now urging a federal judge not to toss out the case.

In a court filing submitted late Tuesday night, prosecutors drew a comparison between Comey and a right wing podcaster character featured in his fictional book, “FDR Drive.” They suggested Comey used a similar tactic in real life, sending what they describe as a coded message encouraging his followers to harm someone he views as an enemy.

The filing, submitted by the office of U.S. Attorney W. Ellis Boyle in the U.S. District Court for the Eastern District of North Carolina, stated that Comey posted a coded message on May 15, 2025, that prosecutors interpret as meaning to kill or get rid of President Trump.

Comey’s attorneys argue he never intended the seashell post as a threat. They point out that the number “86” is commonly used in restaurant slang to signal that a menu item is sold out or no longer available. As for “47,” Trump is the 47th president of the United States, a detail his defense says has nothing to do with violence.

Boyle’s office disagrees. In their filing, they wrote that there is no real dispute that an objective person could interpret Comey’s post as meaning “Kill President Trump.” Prosecutors noted that Comey has already acknowledged that “47” was a reference to Trump himself, and they cited Cassell’s Dictionary of Slang, which lists multiple meanings for “86” over the decades, including definitions tied to throwing something out, killing, or being finished with something.

Comey’s attorneys, in their late July filing, pushed back hard on the government’s interpretation. They described “86 47” as a well known political slogan used to express opposition to the president, arguing that no reasonable person would read it as a personal threat of violence from Comey.