The federal prosecutor overseeing the Justice Department’s criminal case against former FBI Director James Comey has stepped down. A recent court filing indicates that Assistant U.S. Attorney Timothy Severo will now represent the government in the case, replacing Matthew Petracca.
The filing, submitted by U.S. Attorney for the Eastern District of North Carolina Ellis Boyle, requested the removal of Petracca from the docket without providing a reason. Boyle hired the initial prosecutor months prior.
Comey is charged with two federal offenses related to his controversial Instagram post. The post featured seashells arranged to display ’86 47,’ which prosecutors argue could encourage threats against President Donald Trump, who is the 47th president. If convicted, Comey may face up to ten years in prison. Prosecutors claim the post signaled intent to harm, referencing the number ’86’ as slang for ending an object or person.
Acting Attorney General Todd Blanche highlighted the seriousness of threatening the President, emphasizing legal accountability. “The grand jury returned an indictment alleging James Comey made such a threat,” Blanche stated. The case aims to lower political tensions and ensure accountability for threats against public figures.
Comey, however, denies threatening intentions, labeling his post as a political statement. FBI Director Kash Patel criticized Comey for inciting potential threats publicly as a knowledgeable former FBI leader. The DOJ’s investigation findings led to the indictment.
Prosecutors in North Carolina manage the case location where the seashells were photographed. Boyle stated, “No one is above the law in the Eastern District of North Carolina,” emphasizing the office’s dedication to prosecuting related threats.
The case is set for an October trial after a delay granted by U.S. District Judge Louise Wood Flanagan. Petracca’s departure has been reported as part of broader changes in his case involvement, yet he remains with the Justice Department.
Legal experts, such as Jonathan Turley, warn the case could face significant First Amendment challenges. Turley argues that the image may be protected speech, pending further unknown elements.
James Comey maintains the prosecution is politically motivated and continues to speak against perceived threats to the legal system.

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