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The federal prosecutor handling the Justice Department’s criminal case against former FBI Director James Comey over his “86 47” seashell Instagram post has stepped down, according to a new court filing.
A notice of substitution filed Friday in the Eastern District of North Carolina says Assistant U.S. Attorney Timothy Severo will replace Matthew Petracca “as counsel for the government.”
The filing from U.S. Attorney for the Eastern District of North Carolina Ellis Boyle requested that Petracca be removed from the court docket but did not explain the change. Boyle had hired the rookie prosecutor for the case months ago.
Comey is facing two federal charges and up to 10 years in prison for his sharing the Instagram post showing seashells arranged to read “86 47,” potentially signaling would-be political assassins. Prosecutors have alleged the post amounted to “a serious expression of an intent to do harm” to President Donald Trump, the 47th president.
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The number “86” is a common restaurant term for getting rid of or stopping service of an item, but Trump and his prosecutors argue it is also well known to law enforcement as a mob term for assassination.
“Threatening the life of the President of the United States is a grave violation of our nation’s laws,” acting Attorney General Todd Blanche said in an April 28 statement at the time the two-count indictment for threatening the president and transmitting a threat in interstate commerce was announced.
“The grand jury returned an indictment alleging James Comey did just that, at a time when this country has witnessed violent incitement followed by deadly actions against President Trump and other elected officials,” he added. “The temperature needs to be turned down, and anyone who dials it up and threatens the life of the President will be held accountable.”
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Comey has denied any threatening intent, saying he viewed the image as a political statement and not a dog whistle for assassins.
“James Comey disgracefully encouraged a threat on President Trump’s life and posted it on Instagram for the world to see,” FBI Director Kash Patel added in a statement. “As the former Director of the FBI, he knew full well the attention and consequences of making such a post. This FBI and our DOJ partners pursued a rigorous investigation that followed the facts – and now Mr. Comey will be held fully accountable for his actions.”
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The case is being prosecuted in North Carolina, the location where the infamous seashells were photographed.
“No one is above the law in the Eastern District of North Carolina,” Boyle wrote in a statement. “Our office regularly pursues threat cases including those against public officials. The Grand Jury examined the evidence in this case and found probable cause to indict Mr. Comey.”
The change comes as the case heads toward an October trial after U.S. District Judge Louise Wood Flanagan granted Comey’s request for a delay.
NBC News first reported Petracca’s departure from the Comey case and said he has also recently come off other criminal cases in the district. The network reported that Petracca had considered leaving the Justice Department altogether but decided against it after taking a week off, according to sources.
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“If Comey is charged for the shell picture, it would face a monumental challenge under the First Amendment,” constitutional law expert Jonathan Turley told Fox News in April. “In my view, the image itself is clearly protected speech. Absent some other unknown facts or elements, it would be unlikely to survive a threshold constitutional challenge.”
Comey has portrayed the prosecution as politically motivated, and has said he will continue speaking out about what he views as threats to the rule of law.
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