The criminal case against former FBI Director James Comey took another unexpected turn this week after the federal prosecutor who helped bring the indictment stepped away from the case amid mounting legal scrutiny and criticism.
Matthew Petracca, a recently hired assistant U.S. attorney in the Eastern District of North Carolina, is no longer listed on the prosecution team handling the case against Comey, according to court filings.
Petracca’s departure comes just weeks after a federal grand jury returned a two-count indictment against the former FBI director over a social media post that prosecutors claim constituted a threat against President Donald Trump.
Advertisement
Court records also show Petracca has withdrawn from several other criminal cases in recent days.
According to NBC News, Petracca had considered leaving the Justice Department altogether before ultimately returning after taking a week off.
Neither Petracca nor the U.S. Attorney’s Office for the Eastern District of North Carolina immediately responded to requests for comment regarding the change.
The office is led by U.S. Attorney W. Ellis Boyle, who oversaw the controversial prosecution.
Assistant U.S. Attorney Timothy Severo has now assumed primary responsibility for the case.
Recent communications between prosecutors and Comey’s legal team were reportedly handled by First Assistant U.S. Attorney Phil Aubart rather than Petracca.
Advertisement
The indictment stems from an Instagram post made by Comey that featured seashells arranged on a beach to form the numbers “86 47.”
Federal prosecutors argued that a reasonable person could interpret the message as a threat directed toward Trump, the nation’s 47th president.
According to the indictment, the post represented “a serious expression of an intent to do harm to the President of the United States.”
The charging document itself does not explicitly define the meaning of the numbers.
The number “86” is commonly used as slang meaning to remove, eliminate or get rid of something, while “47” is widely viewed as a reference to Trump’s position as the 47th president.
The case marks the second attempt by federal prosecutors to bring criminal charges against Comey.
A previous case involving allegations that Comey lied to Congress during remote testimony several years ago was dismissed by a federal judge, who ruled that the prosecutor handling the matter had been improperly appointed.
President Trump has repeatedly criticized Comey and celebrated the latest prosecution.
Following the indictment, Trump called the former FBI director “a dirty cop.”
“Comey is a dirty cop. He’s a very dirty cop. He’s a crooked man,” Trump said.
Comey’s legal team has vowed to fight the charges.
His attorney previously announced plans to file a motion arguing that the prosecution constitutes a vindictive effort designed to target a longtime political opponent of the president.
The case has also drawn criticism from legal scholars across the political spectrum.
Some conservative legal experts who frequently support Trump administration policies have questioned the strength of the government’s case.
Among them is constitutional scholar Jonathan Turley, who argued that the indictment faces serious legal hurdles.
“As one of his longest and most vocal critics, I would frankly prefer to crawl into one of Comey’s conversant shells than write this column,” Turley wrote.
“However, here we are. This indictment is unconstitutional and will not likely survive constitutional challenge.”
The controversy has also sparked debate over whether similar messages and merchandise featuring “8647” have been treated differently.
Numerous T-shirts, hats, bumper stickers and posters bearing the phrase are widely available online, including some featuring seashell designs similar to the image at the center of the case.
Acting Attorney General Todd Blanche was recently asked whether other instances involving the same phrase had been investigated, NBC News reported.
“I have no idea whether there was an investigation into the other times that that post has been made and whether that investigation yielded different results,” Blanche said during an appearance on CBS Mornings.
“This investigation that we undertook resulted in a two-count indictment,” he added.
This article may contain commentary which reflects the author’s opinion.
