Matthew Petracca, a newly hired federal prosecutor, has stepped away from the controversial case accusing former FBI Director James Comey of threatening President Donald Trump's life through an Instagram post of seashells. The assistant U.S. attorney in North Carolina's Eastern District was removed from the matter and several other criminal cases in recent days, according to court filings.
Petracca, a former Republican county committeeman from New Jersey, joined the Justice Department months ago under the direction of U.S. Attorney W. Ellis Boyle. The prosecutor had reportedly considered leaving the department entirely but instead took a week off before returning as a DOJ employee. He did not respond to requests for comment.
Timothy Severo, another assistant U.S. attorney, now leads the Comey prosecution. Phil Aubart, the first assistant U.S. attorney, has handled recent communications with Comey's defense team.
The indictment, filed last month, charges Comey with two counts related to the seashell image, which was arranged to spell "86 47." Prosecutors argued that a reasonable person would view the arrangement as expressing "a serious intention to do harm to the President of the United States." The indictment does not explain the numbers' purported meaning, though "86" is restaurant industry slang for being out of stock, and 47 is widely understood as a reference to the 47th president.
The case marks the second attempt by the Justice Department to prosecute Comey, who has long been a target of Trump's criticism. An earlier indictment alleging that Comey lied to Congress during a Zoom deposition was dismissed by a judge who found the federal prosecutor had been improperly appointed.
If the case survives legal challenges, trial is scheduled for October. But the prosecution faces steep skepticism from legal scholars across the political spectrum. Conservative scholar Jonathan Turley wrote that the indictment "is unconstitutional and will not likely survive constitutional challenge." Comey's attorney has indicated plans to file a motion claiming the prosecution amounts to vindictive prosecution.
Acting Attorney General Todd Blanche has defended the investigation and suggested those now targeted by the Justice Department were themselves involved in pursuing the president. When asked on "CBS Mornings" whether other instances of the same seashell post had been investigated and produced different results, Blanche said he had "no idea."
Trump characterized Comey as a "dirty cop" and "a crooked man" after the indictment was announced. Meanwhile, merchandise bearing the "8647" slogan, including items made with actual seashells, has become commercially available online.
Author Sarah Mitchell: "This case has all the hallmarks of political theater masquerading as federal prosecution, and watching prosecutors bail out suggests even the Justice Department knows it's legally indefensible."
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