Lead Prosecutor Withdraws from James Comey Threat Case

Matthew Petracca, the federal prosecutor who led the indictment accusing former FBI Director James Comey of threatening President Donald Trump by posting an image of seashells arranged as “86 47,” has stepped aside from the case, according to court filings. Petracca, a recently hired assistant U.S. attorney in the Eastern District of North Carolina, has also withdrawn from at least three other criminal cases in the district. The filings do not specify the reasons for his departure, and the U.S. Attorney’s Office for the Eastern District of North Carolina has not commented.

Assistant U.S. Attorney Timothy Severo has taken over the prosecution. Petracca did not participate in recent communications with Comey’s defense team, which instead worked with First Assistant U.S. Attorney Phil Aubart.

The indictment, filed last month, suggests that a reasonable person would interpret the seashells arranged to spell “86 47” as an expression of intent to harm the president. The indictment does not explicitly define the numbers, but “86” is widely considered restaurant slang for being out of something, and “47” is thought to be a reference to the 47th president. The case is scheduled for trial in October if it survives ongoing legal challenges.

Comey, a frequent critic of Trump, has denied wrongdoing. His legal team has indicated plans to seek dismissal on grounds of selective and vindictive prosecution. Comey’s attorney previously stated he was going to file a motion arguing the prosecution is vindictive. The case has drawn criticism from legal experts, including some conservatives, who question the constitutionality of the charges. Pace University law professor Perry Carbone said, “If you can charge somebody for arranging seashells in the sand with an ambiguous message, if that’s a threat, if that’s criminal speech, then the First Amendment is in serious jeopardy.”

This is the second attempt by the Justice Department to prosecute Comey. An earlier case accusing him of lying to Congress was dismissed by a federal judge due to the improper appointment of the prosecutor. President Trump has publicly criticized Comey, calling him a “dirty cop,” and has expressed a desire for the Justice Department to pursue his political opponents. Acting Attorney General Todd Blanche has denied political motivation in the North Carolina case, stating it was led by local prosecutors and agents whose names he does not know.

The seashell image originally posted by Comey in May 2025 sparked backlash from Trump and his allies. Comey deleted the photo and said he “didn’t realize some folks associate those numbers with violence,” explaining he found the shells on a beach walk and “assumed [they] were a political message.” Blanche told CBS Mornings he was unaware if investigations into other instances of the “86 47” post had occurred, emphasizing that the investigation in this case resulted in a two-count indictment.