Legal firepower from Chicago plays pivotal role in bid to dismiss Comey case tied to Instagram post

CHICAGO (WLS) -- A motion to dismiss the case against former FBI Director James Comey is drawing attention to the role of Chicago's former U.S. Attorney Pat Fitzgerald, now helping lead Comey's defense.

The case stems from an Instagram photo posted by Comey showing the numbers "86-47" arranged in seashells on a beach. According to court filings, the U.S. Department of Justice has charged Comey, alleging the post constituted a threat against President Donald Trump.

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"This one the government's pressing as hard as it can. We see no evidence that it's going to flag in those efforts," ABC7 Chief Legal Analyst Gil Soffer said.

Soffer told the I-Team that the newly filed motion carries added weight because of Fitzgerald's involvement in Comey's defense team.

"He brings credibility to something like this that very few people do. He had a stellar reputation as a prosecutor. He had a stellar reputation on the defense side. He's trusted," Soffer said. "It's hard to beat that when you're looking for a powerful defense."

While the motion may not end the case, Soffer said it highlights challenges prosecutors face in securing a conviction, particularly regarding the meaning of "86-47."

"The government has to show that Comey intended to commit an act of violence or suggest an act of violence against Trump," Soffer said.

According to the motion, the Justice Department argues the numbers were a direct threat to the president and a call for violence. The filing states that when investigators sought warrants for Comey's electronic devices, they asserted that 86 is known in an "organized crime context, in which it refers to taking someone 'eight miles out of town' and putting them 'six feet under.'"

However, the defense filing also references Salvatore Gravano, also known as "Sammy the Bull," a former member of the Gambino crime family. According to the motion, when investigators consulted Gravano about the meaning of "86," he did not view it as a threat.

"Not only does it mean they don't have that bit of evidence that they need to show intent here on Comey's part, this mobster could become a defense witness to say no, this is not how we use this term, which even weakens the government's case further," Soffer said. "It's a real problem for them."

The Justice Department has until later this month to respond to Comey's request that the case be dismissed.