Comey asks judge to dismiss federal indictment over '86 47' post

Former FBI Director James Comey filed a motion in federal court Monday asking a judge to dismiss the federal indictment against him, arguing the charges stem from a social media post protected by the First Amendment.

The post at the center of the case was a photo of seashells arranged to display the numbers "86 47."

In the filing, Comey's attorneys argue the indictment targets his First Amendment rights. They say the numbers "86 47" appear on thousands of items sold online and argue the government is trying to justify the prosecution by claiming the post was a "true threat" against the President.

Comey's attorneys say that interpretation doesn't hold up, arguing no reasonable person would view the post as a threat of violence against the President.