FILE PHOTO: FBI Director James Comey testifies before the House Intelligence Committee hearing into alleged Russian meddling in the 2016 U.S. election, on Capitol Hill in Washington, U.S., March 20, 2017.
Joshua Roberts | Reuters
Former FBI Director James Comey on Monday formally asked a federal judge to dismiss his indictment on a charge of threatening to kill President Donald Trump, saying that the photo he posted of seashells spelling out the number “86 47” did not represent a “true threat.”
Comey’s lawyers, in their motion, said that the photo he took of the seashells on a North Carolina beach is free speech protected by the First Amendment of the Constitution.
And they said that the numerical phrase 8647 is a “well-known political slogan that expresses opposition to the president.”
Read more CNBC politics coverage
This is breaking news. Please refresh for updates.






