Matthew Petracca, a new assistant U.S. attorney in North Carolina, has decided to step back from the case involving former FBI Director James Comey. This decision is outlined in a recent court filing.
Petracca, who entered the Justice Department not long ago, also withdrew from additional criminal cases. Previously a Republican county committeeman in New Jersey, he was hired by U.S. Attorney W. Ellis Boyle. Boyle has faced criticism regarding the upcoming trial, scheduled for October, contingent on overcoming various legal challenges.
Reports suggest Petracca briefly considered leaving the Justice Department entirely but has since remained on staff after taking a week off. The office has yet to provide comments about his situation.
Currently, Assistant U.S. Attorney Timothy Severo is leading the Comey case. Notably, Petracca wasn’t involved in a recent interaction with Comey’s defense team; that was handled by First Assistant U.S. Attorney Phil Aubart.
The case itself stems from a two-count indictment that claims a reasonable person might view a photo posted by Comey—featuring seashells arranged to spell “86 47”—as threatening. While the exact meaning of these numbers isn’t clear, “86” is often used in restaurants to indicate something is no longer available, and “47” is believed to reference a potential 47th president.
This isn’t the first attempt by the Justice Department to indict Comey; a previous case was dismissed by a judge over concerns about the prosecutor’s appointment. Trump has repeatedly pushed the Justice Department to pursue actions against his political adversaries.
Some legal experts, including conservatives who usually support Trump’s initiatives, have expressed skepticism about this latest indictment, predicting it might be dismissed. Scholar Jonathan Turley stated it seems unconstitutional and unlikely to hold up in court.
After the indictment announcement, Trump labeled Comey a “dirty cop,” while Comey’s attorney plans to argue that the prosecution is politically motivated. The case has sparked a mix of merchandise, including shirts and stickers with the phrase “8647,” tying it back to the seashell post.
For more insights on legal interpretations, you can refer to this analysis from the U.S. Department of Justice.
