Former FBI director James Comey has asked a federal judge to dismiss charges alleging that an Instagram post showing seashells arranged as “86 47” threatened President Trump. His lawyers argue that the case is a selective and vindictive prosecution driven by Comey’s criticism of Trump, and that it impermissibly targets protected political speech.

The filing also alleges prosecutorial misconduct, including omitted or distorted facts in the investigation, and seeks access to grand-jury transcripts to examine how the indictment was obtained. Prosecutors say the image could reasonably be understood as a serious threat, while Comey has said he viewed the numbers as a political message and removed the post after learning some interpreted it differently.