Secret Service 'illegally' surveilled Comey in Trump '8647' threat case: court filing - CNBC

What the report says

CNBC reported that lawyers for former FBI Director James Comey asked a federal judge in the Eastern District of North Carolina to throw out an indictment accusing him of threatening President Donald Trump and transmitting a threat in interstate commerce. The case centers on an Instagram post showing seashells arranged as “86 47” or “8647,” which Comey’s attorneys say has been treated by prosecutors as a threat against Trump.

In a Tuesday night filing, Comey’s lawyers alleged vindictive and selective prosecution and claimed the U.S. Secret Service carried out warrantless electronic surveillance of Comey in May 2025 after a senior Justice Department official requested it. According to the filing described by CNBC, a Secret Service supervisor viewed the surveillance as legally uncertain but suggested the agency might proceed. The lawyers also alleged Comey and his wife were monitored as they traveled from North Carolina to Washington, including during a stop at their late son’s grave.

The filing further claimed the Secret Service coordinated with the Justice Department and the president, sending updates to Air Force One before Trump addressed Comey’s post publicly. Comey’s attorneys said the agency also adopted a policy treating “8647” as coded language for a presidential threat. CNBC noted that “86” is commonly used in restaurants to mean an item is unavailable, while Trump is the 47th president.

A Justice Department spokesperson, responding to MS NOW, said a North Carolina grand jury had indicted Comey and that he would have his day in court. CNBC also noted that a separate Virginia indictment against Comey was dismissed last year after a judge found the U.S. attorney who brought it had been unlawfully appointed.