US attorney seeks new lead prosecutor in Comey seashell case
AI-generated summary reviewed by our newsroom.
- Assistant U.S. Attorney Matthew Petracca was asked to be withdrawn as lead prosecutor.
- Assistant U.S. Attorney Timothy Severo was named to replace Petracca.
- Comey faces two felony charges from an April 28 grand jury indictment.
Just over a month after indicting former FBI Director James Comey, the U.S. Attorney’s Office in North Carolina is seeking to replace the lead prosecutor in the case.
A Friday court filing offers no explanation for the office’s request to withdraw Assistant U.S. Attorney Matthew Petracca, who has served as lead prosecutor since the indictment was returned in April.
The filing asks that Petracca be withdrawn from the case and replaced by Assistant U.S. Attorney Timothy Severo, who will now likely prosecute the case for the U.S. Attorney’s Office for the federal Eastern District of North Carolina. U.S. Attorney Ellis Boyle, who was appointed under President Donald Trump’s administration and confirmed by the U.S. Senate earlier this month, leads the office.
Boyle’s office didn’t immediately respond to questions sent by The News & Observer about the change.
North Carolina U.S. Attorney’s Office leads James Comey prosecution
The move comes in a high-profile case that has drawn national attention and follows recent departures or reassignments of prosecutors in several other criminal cases involving people who have clashed with Trump.
Earlier this month, The N&O asked Boyle about critics’ assertions that Trump-era prosecutors are improperly using the federal courts to serve the president’s interests.
“I would suggest that the people suggesting that have no clue what’s going on in this office, and it’s just categorically false,” he said.
Boyle also said he would never pressure or force any of his employees to prosecute charges they believed were improper.
“Even if I tried, they wouldn’t,” Boyle said. “So I’m not that worried about it, but I haven’t and I wouldn’t.”
Last week, Boyle’s office sent out a news release outlining 20 threat-related cases the office in the U.S. Attorney’s Office has or is prosecuting. The cases stretch back to 2022 and range from threats against the presidents to individuals.
“These cases involve threats intended to intimidate, disrupt government operations, or make victims fear for their safety,” the news release from the U.S. Attorney’s Office states.
What’s next in the James Comey seashell prosecution?
The next major deadline in the case is July 28, when pretrial motions are due. Comey’s arraignment, a hearing in which he would plead guilty or not guilty, is set for Sept. 30 at the federal courthouse in New Bern.
The case stems from a May 2025 Instagram post in which Comey shared a photo of seashells arranged to read “86 47” that he said he found on a North Carolina beach.
The Merriam-Webster Dictionary defines 86 as an informal term meaning to refuse service to a customer, remove an item from a menu, or otherwise get rid of something.
Trump, the 47th president, has said 86 is a term used by mobsters to refer to killing someone. Comey has said he did not intend the post as a threat and removed it after learning others interpreted it that way.
A North Carolina grand jury indicted Comey on April 28 on two felony charges: threatening the president and transmitting a threat across state lines. Each charge carries up to five years in prison.
The prosecution tests where courts draw the line between protected political speech and what federal law defines as a valid threat. Comey’s attorneys are expected to aggressively challenge the charges, including with motions accusing prosecutors of selective or vindictive prosecution.
Comey’s team filed a similar motion after a September 2025 indictment in Virginia accused him of lying to Congress about leaks to the press. That case was dismissed two months later when a federal judge ruled that the interim U.S. attorney who obtained the indictment had been unlawfully appointed.
This story was originally published May 30, 2026 at 9:51 AM.
