SouthernWorldwide.com – The federal prosecutor leading the Justice Department’s criminal case against former FBI Director James Comey, concerning his “86 47” seashell Instagram post, has unexpectedly stepped down.
A court filing submitted on Friday in the Eastern District of North Carolina revealed that Assistant U.S. Attorney Timothy Severo will now represent the government, replacing Matthew Petracca.
The filing, made by U.S. Attorney for the Eastern District of North Carolina Ellis Boyle, requested Petracca’s removal from the court’s record. No specific reason was provided for this change in prosecution, though Boyle had appointed the junior prosecutor to the case several months prior.
Comey faces two federal charges, carrying a potential sentence of up to 10 years in prison. These charges stem from his sharing an Instagram post that featured seashells arranged to spell out “86 47.” Prosecutors allege this arrangement was intended to signal potential political assassins.
The prosecution contends that the post constituted “a serious expression of an intent to do harm” towards President Donald Trump, who is referred to as the 47th president.
The number “86” is commonly used in the restaurant industry to signify the removal or discontinuation of an item. However, Trump and his legal team argue that it is also recognized within law enforcement circles as a mob term for assassination.
Acting Attorney General Todd Blanche stated in an April 28th announcement that “Threatening the life of the President of the United States is a grave violation of our nation’s laws.” This statement was made at the time the two-count indictment was unsealed, charging Comey with threatening the president and transmitting a threat across state lines.
Blanche further added, “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. The temperature needs to be turned down, and anyone who dials it up and threatens the life of the President will be held accountable.”
Comey has consistently denied any intention to threaten, asserting that he viewed the image as a political statement rather than a coded message for assassins.
FBI Director Kash Patel commented on the situation, stating, “James Comey disgracefully encouraged a threat on President Trump’s life and posted it on Instagram for the world to see. As the former Director of the FBI, he knew full well the attention and consequences of making such a post.” He continued, “This FBI and our DOJ partners pursued a rigorous investigation that followed the facts – and now Mr. Comey will be fully accountable for his actions.”
The case is being handled in North Carolina, the location where the seashells were photographed.
Boyle emphasized in a statement, “No one is above the law in the Eastern District of North Carolina. 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.”
This change in prosecution comes as the case is progressing towards a trial scheduled for October. U.S. District Judge Louise Wood Flanagan had previously granted Comey’s request for a delay.
NBC News was the first to report Petracca’s departure from the Comey case, noting that he had also recently concluded his involvement in other criminal cases within the district. Sources indicated to NBC News that Petracca had contemplated leaving the Justice Department entirely but decided against it after taking a week-long break.
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Comey has characterized the prosecution as politically motivated and has stated his intention to continue speaking out against what he perceives as threats to the rule of law.
