'No serious dispute' that Comey's seashell post could be read as a Trump threat, prosecutors say

WASHINGTON (AP) — The Justice Department is defending its prosecution of former FBI Director James Comey, saying “there is no serious dispute" that a social media post of seashells he made last year could be understood as a threat against President Donald Trump.

Prosecutors also called into question Comey's account that he had found the seashells in the numerical arrangement of “86 47” while walking on a beach in North Carolina and suggested that his May 2025 post on Instagram was a thinly veiled attempt to sell copies of a forthcoming novel about a social media personality whose words have inspired his fans to attack his foes.

The arguments in motions late Tuesday represent the government's most detailed explanation of its indictment and were filed in response to wide-ranging defense efforts to dismiss the case on grounds including that it constitutes a vindictive prosecution and that Comey's post did not amount to a true threat.

Comey's lawyers contend that investigators in the case misled judges, submitted documents containing false statements, withheld key facts and repeatedly came up empty in their efforts to prove that Comey intended a physical threat or knew that the number 86 could suggest violence.

The entry for “86” from Merriam-Webster, the dictionary used by The Associated Press, says its meaning is “to throw out,” “to get rid of” or “to refuse service to.” Trump, a Republican, is the 47th president.

The Justice Department maintains the photo of the seashells, which Comey said he found on the beach, constituted a threat against Trump. Comey deleted the post shortly after he put it up, saying he did not know that anyone interpreted the numbers as a call to violence. His lawyers have said that the slogan has long meant to “get rid of” or “eject” and has been featured on thousands of items sold online and regularly displayed at protests.

But the Justice Department sought in its filings to place the post against the backdrop of a spate of assassination plots or attempts against Trump in the months before and after Comey's post. Prosecutors say that two minutes before the post was made, Comey's wife texted him a screenshot of a definition of “86” that said "to get rid of or refuse service.”

"There is no serious dispute that an objective viewer of Comey’s post could read it to mean ‘Kill President Trump,’” prosecutors wrote.

The photo was posted days before Comey was set to release a novel titled “FDR Drive,” in which a prosecutor pursues a far-right social media personality who has called out his foes by name and inspired violence against them by his fans, the Justice Department said.

After the Instagram post provoked an outcry, according to the government's filings, Comey's publishing agent observed in a text message to him that he had “gone viral.” Comey responded that that was “not my intention, but I’ll be OK if it sells books.” The agent replied, ”Music to an agent's ears."

Prosecutors also asserted there was “reason to doubt” Comey’s account of having come upon the seashells while on a walk, saying they were located 4 miles (6 kilometers) “down from the beach from beachfront property where Comey was staying, in an area separated from the ocean by a sand dune.” They said there was "no evidence that anyone else arranged, photographed, or even saw the shells.”

Comey's lawyers have called the indictment, the second in a year against him, part of a Trump retribution campaign targeting one of the president’s vocal critics. Trump fired Comey as head of the FBI in 2017 as Comey was overseeing an investigation into potential ties between the Republican's 2016 presidential campaign and Russia, and Trump since then has called for him and other perceived adversaries to be jailed.

But the Justice Department denied allegations of vindictiveness, saying the decision to indict Comey was made by the U.S. attorney in the area and did not derive from a directive from the president or the attorney general.

FILE - A portrait of President Donald Trump is displayed at the Justice Department building in Washington, June 2, 2026. (AP Photo/J. Scott Applewhite, File)

FILE - The U.S. Department of Justice logo is seen on a podium before a news conference, May 4, 2026, in Washington. (AP Photo/Julia Demaree Nikhinson, File)

JERUSALEM (AP) — Israel’s military said Wednesday it would launch criminal investigations into two high-profile attacks on Palestinians during the war in Gaza, including the killings of 5-year-old Hind Rajab and her family and of 15 Palestinian paramedics.

The military said it would not launch criminal investigations into three other attacks that killed aid workers from World Central Kitchen and Doctors Without Borders.

It released the news in a statement that said it had completed reviews of 150 incidents of troop conduct in Gaza and made decisions on five cases.

The statement did not mention other high-profile killings that the military has pledged to investigate throughout the war. It did not mention the Israeli strikes on a hospital in southern Gaza that killed five journalists in August 2025, including Mariam Dagga, a visual journalist who freelanced for The Associated Press and other news organizations.

Both the killing of Rajab in February 2024 and the killing of 15 Palestinian medics in May 2025 gained international attention.

Rajab was killed alongside her relatives while trying to flee Gaza City amid an Israeli offensive. Israeli troops opened fire on a vehicle carrying Hind and four of her cousins and her aunt and uncle. Hind’s cousin, 15-year-old Layan Hamada, called the Palestinian Red Crescent paramedic center, telling them that a tank was approaching and that her family had been killed.

Seconds later, more gunshots were heard, and Layan’s screaming stopped, according to the Red Crescent recording of the call.

Hind was the sole survivor in the car. The Red Crescent stayed in contact with her as they tried to get permission from the military to rescue her. Contact was lost. Hind, her five relatives and two medics were found dead 12 days later.

The 15 paramedics were killed when Israeli troops opened fire on their vehicles in the southern city of Rafah, then buried them in a mass grave. Troops shot at a first ambulance that was driving to retrieve casualties from an Israeli offensive, then fired on several other emergency vehicles that went out to look for the first one, according to phone footage and the sole survivor of the shootings.

Troops then bulldozed over the bodies along with their mangled vehicles, burying them in a mass grave. U.N. and rescue workers were only able to reach the site a week later to dig out the bodies.

The Israeli military initially said it opened fire because the vehicles were “advancing suspiciously” on nearby troops without headlights or emergency signals. But it backtracked from that account after the footage emerged, showing the Red Crescent and Civil Defense teams driving slowly with their emergency vehicle lights flashing and logos visible.

“We are not obligated to prove the truth because it is already proven to the whole world,” Eid Azizi, a Palestinian Red Crescent spokesperson, told the Associated Press in a phone call. “We shouldn’t have reached this point if they respected and followed the international humanitarian law.”

The war began on Oct. 7, 2023, when Hamas-led militants killed 1,200 people, mostly civilians, in southern Israel and abducted 251 others. Israel’s ensuing war against Hamas in Gaza has killed more than 73,000 people, according to Gaza's Health Ministry.

That includes at least 1,273 people killed in Gaza since a fragile ceasefire took effect in October, according to the ministry. The ministry, part of the Hamas-led government, maintains detailed casualty records that are seen as generally reliable by U.N. agencies and independent experts. It does not give a breakdown of civilians and militants but says women and children constitute about half of the dead.

FILE.- Mourners gather around the bodies of 8 Red Crescent emergency responders, recovered in Rafah a week after an Israeli attack, as they are transported for burial from a hospital in Deir al-Balah, Gaza Strip, on Monday, March 31, 2025. (AP Photo/Abdel Kareem Hana,File)