Lead prosecutor in federal case regarding Comey's seashell photo is being replaced

The former FBI director's trial is set for October.

Published: May 29, 2026 7:46pm

Updated: May 29, 2026 8:26pm

A federal attorney in North Carolina on Friday requested that the lead prosecutor in the Justice Department's case accusing former FBI Director James Comey of threatening President Donald Trump’s life with a socia media post of seashells be replaced, according to a court filing Friday.

The request was made by U.S. Attorney W. Ellis Boyle, of the U.S. District Court for the Eastern District of North Carolina, which is handling the case. 

Boyle requests in the filing that Matthew Petracca, whom he recently hired to be the lead prosecutor in the case, be replaced, according to NBC News. He made the request to the court's clerk. 

Petracca reportedly asked to be removed from the case and has contemplated leaving the Justice Department altogether, two people familiar with the matter told NBC News. He has not responded to NBC's requests for comment, nor did the U.S. Attorney’s Office for the Eastern District of North Carolina on Friday.

Assistant U.S. Attorney Timothy Severo will now lead the case, the filing shows.

In May 2025, Comey shared a since-deleted photo on Instagram of shells on a North Carolina beach arranged to read "8647," which has been interpreted as meaning kill the 47th president, who is Trump.

Comey was indicted by a North Carolina grand jury last month on charges of threatening the president and transmitting a threat across state lines. 

Through his attorney, Comey has denied the charges but has yet to enter a formal plea. His trial is set for October. Trump fired Comey as FBI director in 20127. 

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