Updated
Updated · The Guardian · Aug 22
PEN America Blasts Use of Comey Novel in Trump Threat Case Over '8647' Post
Updated
Updated · The Guardian · Aug 22

PEN America Blasts Use of Comey Novel in Trump Threat Case Over '8647' Post

3 articles · Updated · The Guardian · Aug 22

Summary

  • PEN America on Friday called prosecutors’ reliance on James Comey’s novel a “desperate Hail Mary” in a case accusing him of threatening President Donald Trump.
  • Tuesday court filings said Comey’s May 2025 Instagram photo of seashells spelling “8647” could be read as a threat—“86” meaning remove and Trump being the 47th president.
  • Prosecutors also argued FDR Drive and a book review showed Comey sent coded messages to followers, and claimed he had a financial motive to stir controversy; the novel has sold 6,471 copies, according to Circana BookScan.
  • Comey is seeking dismissal, saying the post was protected speech, not a “true threat,” and that he opposes violence; his lawyers call the indictment selective and vindictive.
  • The dispute extends a long Trump-Comey feud dating to the Russia investigation, while PEN America warned that using creative works in criminal cases threatens First Amendment protections.

Insights

Can a writer's fictional novel legally be used as evidence to prove real-world criminal intent over a cryptic social media post?
Where does the law draw the line between protected creative expression and a prosecutable threat in the digital age?