Federal prosecutor Matthew Petracca has stepped down from the case against former FBI Director James Comey, according to a notice of substitution filed Friday in the Eastern District of North Carolina. Assistant U.S. Attorney Timothy Severo will replace Petracca as the Justice Department's counsel on the case.
The filing did not provide any explanation for Petracca's removal, and the Eastern District of North Carolina declined to comment Saturday. NBC News reported that Petracca has also withdrawn from other criminal cases in the same jurisdiction in recent days and had previously considered leaving the DOJ entirely before deciding against it after taking a week off.
Comey is facing two federal charges connected to an Instagram post he shared last year showing seashells arranged on a beach to read "86 47." Prosecutors argued the message constituted a threat against President Trump, who is the 47th president. The term "86" is common restaurant slang meaning to get rid of something.
What the Right Is Saying
Conservative commentators and some former law enforcement officials have defended the charges as appropriate applications of existing law. The DOJ has maintained that any credible threat against the president, regardless of how it is framed by the accused, must be investigated and prosecuted.
Blanche emphasized the department's commitment to protecting presidential security in announcing the charges earlier this year. "Over the past year, this department has charged dozens of cases involving threats against all sorts of individuals," he said at the press conference.
Comey deleted the photo following backlash from the president and his allies last year. The indictment alleges that despite Comey's assertions of innocence, the message could reasonably be interpreted as a call for violence against the president by those familiar with coded political language.
Some Republican lawmakers have praised the prosecution as an example of equal application of justice, noting that threats against public officials should be investigated regardless of the accused's former position in government.
What the Left Is Saying
Comey and his allies have maintained that the prosecution is politically motivated rather than grounded in legitimate law enforcement. During an appearance on CNN earlier this month, Comey said he has been targeted "obsessively" and "repeatedly" by the Trump administration.
"I won't stop talking about the threats that this administration poses to the rule of law," Comey said. He previously stated that he believed his post was a "political message" about contemporary political divisions rather than any kind of threat, adding that he did not know the number could be interpreted as violent.
Civil liberties groups and some former DOJ officials have raised concerns about the expansion of federal threats prosecutions under the current administration. Acting Attorney General Todd Blanche said during a press conference last month that "threatening the life of the president of the United States will never be tolerated by the Department of Justice" and noted the department had charged dozens of cases involving threats over the past year.
What the Numbers Show
Comey faces two federal charges in connection with the Instagram post. The case is scheduled to go to trial in October after U.S. District Judge Louise Wood Flanagan granted Comey's request for a delay. Comey deleted the photo shortly after posting it following backlash, according to court documents.
The DOJ has brought "dozens" of threats-related cases over the past year under the current administration, according to statements from acting Attorney General Blanche. The specific charges against Comey carry potential penalties that include imprisonment if convicted.
Petracca's departure comes as he has also withdrawn from other criminal matters in the Eastern District of North Carolina, though no reason was given for those changes either. Severo, his replacement on the case, is an assistant U.S. Attorney with experience in federal prosecutions in the district.
The Bottom Line
The change in prosecution team adds another layer of uncertainty to a high-profile case that has drawn significant attention from both sides of the political spectrum. Comey's trial is scheduled for October before Judge Flanagan.
What remains unclear is why Petracca stepped down and whether the substitution will affect the government's strategy or timeline for the case. The Eastern District of North Carolina has not commented on the personnel change.
Comey continues to maintain his innocence and has argued publicly that the prosecution represents selective enforcement by an administration targeting its critics. His legal team is expected to continue arguing that the Instagram post was political expression protected under the First Amendment, while prosecutors will seek to prove it met the threshold for a true threat under federal law.