The Department of Justice has replaced the lead prosecutor in the federal case accusing former FBI Director James Comey of threatening President Donald Trump. Court filings filed late Friday show Assistant U.S. Attorney Matthew Petracca has been removed from the case, with federal prosecutor Timothy Severo appointed in his place.
What happened
James Comey, a frequent critic of former President Trump, was indicted last month in North Carolina on charges related to a May 2025 Instagram post. The post featured seashells arranged to display “86 47” on a beach, which Trump’s allies interpreted as threatening. The number “86” is slang for “get rid of,” and combined with “47,” referring to Trump as the 47th president, the post was construed by prosecutors as a threat. Comey quickly deleted the photo and denied any intent to threaten, stating he mistakenly thought the seashells were a political message.
The indictment includes one count of threatening the president’s life and one count of transmitting an interstate threat. Comey has denied wrongdoing and intends to fight the charges, with his legal team arguing the prosecution is selective and vindictive.
Petracca’s removal coincides with his stepping down from at least three other cases in recent days, though no official reason has been disclosed. The U.S. Attorney’s Office for the Eastern District of North Carolina, which is handling the case, has not commented on the personnel change.
Why it matters
The case has drawn widespread criticism from legal experts, who emphasize that proving a prosecutable threat against the president requires stringent standards. Critics have framed the charges as an attempt to punish Comey for his political stance, raising First Amendment concerns about free speech protections.
Comey’s indictment follows a previous DOJ effort to prosecute him for allegedly lying to Congress, which was dismissed due to procedural issues. The current case’s progression and internal DOJ changes will be closely watched for implications on prosecutorial discretion and political influence in federal cases.
Background
James Comey was fired by President Trump in 2017 and has remained a vocal opponent since. The “86 47” post controversy erupted amid heightened political tensions. The phrase “86” traditionally means to reject or remove, but the link to violence or threats is ambiguous and heavily disputed.
Attorney General Todd Blanche has denied claims that the case is politically motivated, stating it is led by local prosecutors and agents whose identities he does not know. The trial is currently scheduled for October 2026.
Sources
This article is based on reporting and publicly available information from the following source:
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