Comey’s Defense Alleges DOJ Violated Legal Standards in Case

WHO:

CBS News - Patrick Fitzgerald, Comey's attorney, stated he reviewed "substantial discovery provided by the Government."

CBS News - An unnamed Secret Service official indicated that "legally it was a bad idea to ping the phone" during the surveillance of Comey.

CBS News - James Comey, former FBI Director

CBS News - President Trump

CBS News - Patrick Fitzgerald, Comey's attorney

CBS News - Todd Blanche, Acting Attorney General

CBS News - U.S. Secret Service

WHAT:

CBS News - Comey's legal team filed a motion to dismiss the indictment, arguing that the government has singled out Comey for prosecution due to Trump's animus toward him and his protected speech.

CBS News - Comey's legal team is asking for a Franks hearing to determine if the government misled the magistrate judge regarding search warrants.

CBS News - Comey's legal team highlighted that the Secret Service issued an emergency request to Verizon to track Comey, claiming it was due to an "emergency involving danger of death or serious physical injury to a person."

[01:00 AM EDT] - CBS News - Comey's legal team filed a motion to suppress evidence from warrants for Comey's accounts and to force the government to disclose the grand jury proceedings that led to his indictment.

[01:00 AM EDT] - CBS News - Comey's legal team argued that the affidavits at the center of the search warrants "omitted facts known to the affiant" and "misled the magistrates with material falsehoods, bizarrely insinuating that Mr. Comey's lawyer (a former U.S. Attorney) and Mr. Comey's wife had obstructed the government's investigation."

[01:00 AM EDT] - CBS News - Comey's legal team cited that a witness in the warrant applications admitted to being estranged from Comey for at least two years and expressed "intense bias" against him, stating their first reaction to the "86 47" post was that it was related to restaurant slang.

[01:00 AM EDT] - CBS News - The FBI in September 2025 searched its database for any "direct association" between any cases Comey worked on and the use of the term "86," resulting in "'inconclusive results.'"

[01:00 AM EDT] - CBS News - Comey's legal team noted that after his indictment, an FBI agent and a federal prosecutor interviewed Salvatore "Sammy the Bull" Gravano, who denied that Comey ever used the term "86" with him.

[01:00 AM EDT] - CBS News - Comey's legal team highlighted that vast amounts of merchandise with the message "86 47" or "86 46" are available for sale online, and the government has not prosecuted the sellers.

[01:00 AM EDT] - CBS News - Comey's legal team argued that the case against him targets speech protected by the First Amendment, and that the "86 47" phrase at the heart of the indictment is not a true threat against Trump.

[01:00 AM EDT] - CBS News - Comey's legal team submitted a 76-page spreadsheet detailing insults exchanged between him and Trump over nine years.

[01:00 AM EDT] - CBS News - Comey's legal team filed new motions arguing that the indictment is a result of vindictive and selective prosecution, accompanied by a 76-page spreadsheet listing insults exchanged between Comey and Trump over nine years.

[01:00 AM EDT] - CBS News - Comey's lawyers stated that the government conducted "illegal electronic surveillance of Mr. Comey at the request of a high-level DOJ official" without a warrant shortly after Comey's Instagram post.

[01:00 AM EDT] - CBS News - Comey's legal team is also asking for a Franks hearing to determine if the government misled the magistrate judge regarding search warrants.

[01:00 AM EDT] - CBS News - Comey's legal team highlighted that merchandise with the message "86 47" or "86 46" is available for sale online, and the government has not prosecuted the sellers.

[01:00 AM EDT] - CBS News - Comey's legal team noted that discussions among Secret Service staff included a request for Verizon to provide location information due to an "emergency" situation.

[01:00 AM EDT] - CBS News - Comey's legal team cited that a witness in the warrant applications admitted to being estranged from Comey for at least two years and expressed "intense bias" against him.

[01:00 AM EDT] - CBS News - The FBI searched its database for any "direct association" between cases Comey worked on and the term "86," resulting in "'inconclusive results'" and no references found in the case of mob boss John Gambino.

[01:00 AM EDT] - CBS News - Comey's legal team argued that a witness cited in the warrant applications had been estranged from Comey for at least two years and had an "intense bias" against him.

[01:00 AM EDT] - CBS News - Comey's lawyers claimed that the affidavits at the center of the search warrants "omitted facts known to the affiant" and misled the magistrates with material falsehoods.

[01:00 AM EDT] - CBS News - Comey is set to be arraigned on two charges of threatening to kill the president on September 30 in New Bern, North Carolina.

[01:00 AM EDT] - CBS News - Comey's lawyers stated that discussions among Secret Service staff included a request for Verizon to provide location information due to an "emergency" situation while Comey was traveling from North Carolina to Virginia.

[01:00 AM EDT] - CBS News - An unnamed Secret Service official indicated that "legally it was a bad idea to ping the phone" during the surveillance of Comey, as there was no belief of imminent danger.

[01:00 AM EDT] - CBS News - Comey's legal team cited that a witness in the warrant applications admitted to being estranged from Comey for at least two years and expressed "intense bias" against him.

CBS News - Comey's legal team filed a motion to dismiss the indictment, arguing that the government has singled out Comey for prosecution due to Trump's animus toward him and his protected speech.

CBS News - Comey's lawyers stated that the government conducted "illegal electronic surveillance of Mr. Comey at the request of a high-level DOJ official" without a warrant shortly after Comey's Instagram post.

CBS News - Comey's legal team is also asking for a Franks hearing to determine if the government misled the magistrate judge regarding search warrants.

CBS News - Comey's legal team submitted a 76-page spreadsheet detailing insults exchanged between him and Trump over nine years.

CBS News - Comey's lawyers claimed that the affidavits at the center of the search warrants "omitted facts known to the affiant" and misled the magistrates with material falsehoods.

CBS News - Comey's legal team highlighted that merchandise with the message "86 47" or "86 46" is available for sale online, and the government has not prosecuted the sellers.

CBS News - Comey is set to be arraigned on two charges of threatening to kill the president on September 30 in New Bern, North Carolina.

CBS News - Comey's legal team argued that a witness cited in the warrant applications had been estranged from Comey for at least two years and had an "intense bias" against him.

CBS News - The FBI searched its database for any "direct association" between cases Comey worked on and the term "86," resulting in "'inconclusive results.'"

CBS News - Comey's legal team noted that discussions among Secret Service staff included a request for Verizon to provide location information due to an "emergency" situation.

CBS News - An unnamed Secret Service official indicated that "legally it was a bad idea to ping the phone" during the surveillance of Comey.

CBS News - Comey's legal team filed a motion to dismiss the indictment, arguing that the government has singled out Comey for prosecution due to Trump's animus toward him and his protected speech.

CBS News - Comey's lawyers stated that discussions among Secret Service staff included a request for Verizon to provide location information due to an "emergency" situation.

CBS News - An unnamed Secret Service official indicated that "legally it was a bad idea to ping the phone" during the surveillance of Comey.

CBS News - Comey's legal team claimed that the affidavits at the center of the search warrants "omitted facts known to the affiant" and misled the magistrates with material falsehoods.

CBS News - Comey's lawyers noted that a witness cited in the warrant applications had been estranged from Comey for at least two years and had an "intense bias" against him.

CBS News - The FBI searched its database for any "direct association" between cases Comey worked on and the term "86," resulting in "'inconclusive results.'"

CBS News - Comey's legal team highlighted that merchandise with the message "86 47" or "86 46" is available for sale online, and the government has not prosecuted the sellers.

CBS News - Comey's legal team is also asking for a Franks hearing to determine if the government misled the magistrate judge regarding search warrants.

CBS News - Comey's legal team submitted a 76-page spreadsheet detailing insults exchanged between him and Trump over nine years.

CBS News - Comey's legal team filed new motions late Tuesday to dismiss federal charges against him, arguing that the indictment is a result of vindictive and selective prosecution.

CBS News - Comey's legal team noted that discussions among Secret Service staff included "pinging" Comey's phone to track its location, which some personnel viewed skeptically.

CBS News - Comey's lawyers claimed that the affidavits at the center of the search warrants "omitted facts known to the affiant" and misled the magistrates with material falsehoods.

CBS News - Comey's legal team argued that a witness cited in the warrant applications had been estranged from Comey for at least two years and had an "intense bias" against him.

CBS News - Comey's lawyers stated that the FBI searched its database for any "direct association" between cases Comey worked on and the term "86," resulting in "'inconclusive results.'"

CBS News - Comey's legal team highlighted that merchandise with the message "86 47" or "86 46" is available for sale online, and the government has not prosecuted the sellers.

CBS News - Comey filed motions to dismiss federal charges against him for threatening Trump.

CBS News - The indictment is based on Comey's Instagram post featuring seashells arranged to form "86 47."

CBS News - Comey's legal team submitted a 76-page spreadsheet detailing insults exchanged between him and Trump over nine years.

CBS News - Comey accused the U.S. Secret Service of conducting "illegal electronic surveillance" without a warrant.

CBS News - Comey is set to be arraigned on two charges of threatening to kill the president on September 30 in New Bern, North Carolina.

CBS News - Comey's lawyers requested a Franks hearing to determine if the government misled the magistrate judge regarding search warrants.

WHERE:

CBS News - New Bern, North Carolina (location of the upcoming arraignment)

CBS News - North Carolina to Virginia (Comey's travel route mentioned in the context of surveillance)

WHEN:

CBS News - Comey is set to be arraigned on two charges of threatening to kill the president on September 30 in New Bern, North Carolina.

CBS News - Comey was indicted last year in a different case for lying to Congress in 2020.

CBS News - Comey posted the Instagram photo in May 2025.

CBS News - Comey was indicted in April.

WHY:

CBS News - Comey's legal team argues that the indictment is a result of vindictive and selective prosecution due to Trump's animus toward Comey.

CBS News - Comey claims the charges are politically motivated and target his protected speech.

HOW:

CBS News - The Secret Service tracked Comey "via his cellphone" as he drove from North Carolina to Virginia shortly after his Instagram post.

[01:00 AM EDT] - CBS News - The Secret Service issued an emergency request to Verizon to track Comey, noting it related to “an emergency involving danger of death or serious physical injury to a person, necessitating disclosure without delay of information relating to that emergency.”

CBS News - Comey's legal team is seeking to suppress evidence from warrants related to his accounts and to disclose grand jury proceedings.

CBS News - The Secret Service discussed "pinging" Comey's phone to track its location, which was viewed skeptically by some personnel.

(UPDATED July 29, 2026 20:20 UTC)

In a significant development, Comey's legal team has filed a motion to dismiss the indictment, arguing that the government is targeting him for prosecution due to Trump's animus and his protected speech. They are also requesting a Franks hearing to investigate whether the government misled the magistrate judge about search warrants, while highlighting an emergency request from the Secret Service to Verizon to track Comey during a dangerous situation. Additionally, an unnamed Secret Service official noted that it was legally questionable to ping Comey's phone during the surveillance as he traveled from North Carolina to Virginia shortly after his Instagram post.

(UPDATED July 29, 2026 19:24 UTC)

Comey's legal team has filed a motion to suppress evidence from warrants related to his accounts and is demanding the government disclose the grand jury proceedings that led to his indictment. They argue that the affidavits used for the search warrants contained misleading information and highlighted a witness's bias against Comey, who had been estranged from him for two years. Additionally, they assert that the case against him infringes on First Amendment rights, claiming that the phrase "86 47," central to the indictment, does not constitute a true threat against Trump.

(UPDATED July 29, 2026 17:23 UTC)

Comey's legal team has filed new motions asserting that his indictment stems from vindictive and selective prosecution, presenting a 76-page spreadsheet of insults exchanged between Comey and Trump over the years. They also claim that the government engaged in illegal electronic surveillance of Comey without a warrant and are requesting a Franks hearing to investigate potential misleading information provided to the magistrate judge regarding search warrants. Comey is scheduled to be arraigned on two charges of threatening to kill the president on September 30 in New Bern, North Carolina.

(UPDATED July 29, 2026 15:37 UTC)

Comey's legal team has filed new motions claiming that his indictment stems from vindictive and selective prosecution, presenting a detailed 76-page spreadsheet of insults exchanged between him and Trump over the past nine years. They also revealed that discussions among Secret Service staff included a request for Verizon to provide location information during an "emergency" situation while Comey was traveling, although an unnamed Secret Service official stated it was legally questionable to ping his phone given there was no imminent danger. Additionally, Comey's lawyers pointed out that a witness in the warrant applications had been estranged from him for at least two years and expressed significant bias, while the FBI's search for any connection between Comey and the term "86" yielded inconclusive results, with mob boss Salvatore "Sammy the Bull" Gravano denying any association with that term.

(UPDATED July 29, 2026 14:44 UTC)

Comey's legal team has filed a motion to dismiss the indictment, claiming that the government is targeting him due to Trump's animosity and his protected speech, while also alleging illegal electronic surveillance conducted without a warrant. They are requesting a Franks hearing to investigate whether the government misled the magistrate judge regarding search warrants and have submitted a detailed spreadsheet of insults exchanged between Comey and Trump over the years. Comey is scheduled to be arraigned on two charges of threatening to kill the president on September 30 in New Bern, North Carolina.

(UPDATED July 29, 2026 12:37 UTC)

Comey's legal team has filed a motion to dismiss the indictment, arguing that the government is targeting him due to Trump's animosity and his protected speech. They also claim that the affidavits used for the search warrants misled the magistrates and omitted crucial facts, while highlighting that a witness cited in the warrants had been estranged from Comey and held a strong bias against him. Comey is scheduled to be arraigned on two charges of threatening to kill the president on September 30 in New Bern, North Carolina.

(UPDATED July 29, 2026 06:51 UTC)

Comey's legal team has filed new motions to dismiss federal charges against him, arguing that the indictment stems from vindictive and selective prosecution. They claim that the government conducted illegal electronic surveillance of Comey without a warrant shortly after he made a post on Instagram, and they also noted that discussions among Secret Service staff included tracking his phone location, which raised skepticism among some personnel. Additionally, Comey's lawyers assert that the affidavits used for search warrants misled magistrates with falsehoods and that a witness cited in the warrant applications had been estranged from him for at least two years, carrying an intense bias against him.

(UPDATED July 29, 2026 05:56 UTC)

James Comey has filed motions to dismiss federal charges against him for allegedly threatening President Trump, with the indictment stemming from an Instagram post featuring seashells arranged to form "86 47." Comey's legal team has submitted a detailed spreadsheet of insults exchanged between him and Trump over nine years and has accused the U.S. Secret Service of conducting illegal electronic surveillance without a warrant. He is set to be arraigned on two charges of threatening to kill the president on September 30 in New Bern, North Carolina, as his lawyers seek a Franks hearing to challenge the government's actions regarding search warrants.