The FBI turned to one of the country’s most infamous former mobsters as investigators sought evidence that former bureau director James Comey intended to threaten President Donald Trump with an Instagram photograph reading “86 47,” newly filed court records show.
Agents interviewed former Gambino crime family underboss Salvatore “Sammy the Bull” Gravano in May, according to motions filed Tuesday evening by Comey’s attorneys. The unusual investigative step was part of an attempt to establish that Comey would have learned a supposedly violent meaning of “86” while prosecuting organized crime cases early in his legal career.
Comey was indicted in April on charges stemming from a May 2025 photograph of seashells arranged as “86 47,” a reference to Trump as the 47th president. The Justice Department maintains that the post constituted a threat against Trump. Comey removed it after controversy erupted and said he understood “86” to mean removing or getting rid of something, not killing anyone.
According to the defense’s latest filing, Gravano told investigators that law enforcement officers might recognize a violent definition of “86,” but that mobsters themselves would be unlikely to use the expression because it was too obvious. He also did not recall discussing the term with Comey or hearing it used during a mob prosecution on which Comey worked, the defense said.
At Gravano’s suggestion, Comey’s attorneys sought an affidavit from former federal prosecutor and judge John Gleeson, who worked extensively on organized crime cases. Gleeson said that, despite thousands of hours spent speaking with Mafia members, he never encountered “86” as mob terminology for murder.
“The claim that ‘86’ is mafia jargon for ‘kill’ is preposterous,” Gleeson wrote.
Comey’s attorneys argue those findings undermined a theory presented to magistrate judges in applications to search Comey’s Apple and Google records. They allege investigators made false or misleading statements and omitted evidence that weakened their case for probable cause.
The motions also accuse the Secret Service of improperly tracking Comey’s cellphone as he traveled from North Carolina to Virginia. A Secret Service official reportedly warned internally that agents did not believe anyone faced immediate danger and that tracking the device without a warrant was legally questionable.
COMEY ASKS COURT TO DISMISS ’86 47′ SEASHELL CASE
The allegations come from the defense and have not been resolved by the court. The DOJ will have an opportunity to respond and has not publicly disclosed the full evidence it intends to use to establish intent.
Acting Attorney General Todd Blanche said after Comey’s indictment that prosecutors would prove intent through witnesses, documents, and, when appropriate, Comey’s own statements. His trial is scheduled for Oct. 21.