The federal prosecutor managing the Justice Department’s criminal case against former FBI Director James Comey has stepped down. This decision follows Comey’s controversial “86 47” seashell Instagram post. According to a new court filing, Assistant U.S. Attorney Timothy Severo will now replace Matthew Petracca as government counsel in the Eastern District of North Carolina.
U.S. Attorney for the Eastern District of North Carolina, Ellis Boyle, submitted a request for Petracca’s removal from the court docket without providing reasons for the change. This comes after Boyle appointed Petracca months ago. James Comey is charged with two federal offenses, facing up to ten years in prison for posting an Instagram photo that arranges seashells to read “86 47.” Prosecutors claim this could signal potential political assassins, suggesting it expresses intent to harm President Donald Trump.
Acting Attorney General Todd Blanche emphasized the severity of threatening the U.S. President’s life in a statement given on April 28. The statement followed a two-count indictment alleging threats against President Trump and transmitting such threats across state lines. This charge comes amid a backdrop of heightened violence and rhetoric against Trump and other officials.
James Comey, however, denies any malevolent intent. He perceives the image as a political expression rather than an incitement to violence. FBI Director Kash Patel also criticized Comey, stating that as a former FBI Director, Comey knew the potential repercussions of such a post.
The case is set in North Carolina, where the contentious seashells were photographed. Boyle asserts that no one is beyond the reach of the law in the district. The Grand Jury, after reviewing evidence, found probable cause to indict Comey.
As the case advances towards an October trial, U.S. District Judge Louise Wood Flanagan has agreed to Comey’s request to delay proceedings. NBC News was first to report Petracca’s exit from the case. Sources indicate Petracca weighed leaving the Justice Department but opted to stay after a brief leave.
Constitutional law expert Jonathan Turley remarked on the First Amendment challenges the case poses, suggesting that the image itself qualifies as protected speech unless other undisclosed elements arise.
Comey has publicly criticized the prosecution as politically driven and remains committed to speaking out on perceived threats to legal principles.
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