Comey was indicted by a federal grand jury in April over a May 2025 photo on Instagram that spelled out “86-47” in seashells. According to Comey’s filing, one such bizarre aspect included law enforcement tracking Comey “via his cellphone” as he made the drive from “North Carolina to northern Virginia shortly after” making the Instagram post. According to the filing, one anonymous official said in a message that law enforcement “did not believe that anyone’s life was in immediate danger and legally it was a bad idea to ping the phone.” The motion also calls out the government’s "illegal electronic surveillance of Comey at the request of a high-level DOJ official.” The defense attributed the details about law enforcement’s surveillance of Comey to “substantial discovery provided by the Government.”