The federal prosecutor leading the Justice Department’s controversial criminal case against former FBI Director James Comey has abruptly stepped down, according to a new court filing — adding another twist to one of the most politically charged prosecutions of President Trump’s second term.
A notice of substitution filed Friday in the Eastern District of North Carolina revealed that Assistant U.S. Attorney Timothy Severo will replace Matthew Petracca as counsel for the government.
The filing, submitted by U.S. Attorney for the Eastern District of North Carolina Ellis Boyle, requested that Petracca be removed from the court docket but offered no explanation for the sudden change.
The shakeup comes as Comey prepares to fight charges stemming from a social media post featuring seashells arranged to read “86 47” — a message prosecutors allege amounted to a threat against President Donald Trump, the 47th president of the United States.
Comey faces two federal counts, including threatening the president and transmitting a threat in interstate commerce. If convicted, he could face up to 10 years in prison.
The phrase “86” is commonly used in restaurants to mean removing or discontinuing an item. But Trump administration officials argue the number carries a darker meaning in criminal circles and law enforcement culture.
“Threatening the life of the President of the United States is a grave violation of our nation’s laws,” acting Attorney General Todd Blanche said in an April 28 statement announcing the indictment.
“The grand jury returned an indictment alleging James Comey did just that, at a time when this country has witnessed violent incitement followed by deadly actions against President Trump and other elected officials,” Blanche added. “The temperature needs to be turned down, and anyone who dials it up and threatens the life of the President will be held accountable.”
FBI Director Kash Patel was equally blunt.
“James Comey disgracefully encouraged a threat on President Trump’s life and posted it on Instagram for the world to see,” Patel said. “As the former Director of the FBI, he knew full well the attention and consequences of making such a post. This FBI and our DOJ partners pursued a rigorous investigation that followed the facts – and now Mr. Comey will be held fully accountable for his actions.”
Comey has vehemently denied that the image was intended as a threat, insisting he viewed the seashell arrangement as political expression rather than a call for violence.
His legal team is expected to mount an aggressive First Amendment defense.
“If Comey is charged for the shell picture, it would face a monumental challenge under the First Amendment,” constitutional law expert Jonathan Turley told Fox News shortly after the indictment. “In my view, the image itself is clearly protected speech. Absent some other unknown facts or elements, it would be unlikely to survive a threshold constitutional challenge.”
The prosecution has reignited a years-long feud between Trump and Comey that dates back nearly a decade.
Trump famously fired Comey as FBI director in May 2017 amid the bureau’s investigation into alleged Russian interference in the 2016 election. The dismissal triggered political shockwaves in Washington and ultimately helped lead to the appointment of Special Counsel Robert Mueller.
Since leaving office, Comey has emerged as one of Trump’s most outspoken critics, frequently warning that a second Trump administration could threaten democratic institutions and the rule of law. Trump, meanwhile, has repeatedly accused Comey of abusing the powers of the FBI and helping fuel what he calls the “Russia hoax.”
The bad blood only intensified after Comey published a bestselling memoir sharply critical of the president and became a regular voice against Trump during the 2020 and 2024 election cycles.
Now, the former FBI chief finds himself on the opposite side of the courtroom from the administration he once investigated.
The case is being prosecuted in North Carolina, where authorities say the seashell photograph was taken.
“No one is above the law in the Eastern District of North Carolina,” Boyle said after the indictment. “Our office regularly pursues threat cases including those against public officials. The Grand Jury examined the evidence in this case and found probable cause to indict Mr. Comey.”
The trial is currently scheduled for October after U.S. District Judge Louise Wood Flanagan granted Comey’s request for additional time.
Meanwhile, NBC News reported that Petracca has recently been removed from other criminal cases as well. According to sources cited by the outlet, the prosecutor considered leaving the Justice Department altogether before ultimately deciding to remain after taking a brief leave of absence.
Neither Petracca nor the Justice Department has publicly explained the change.
With an October showdown approaching and constitutional questions hanging over the case, the unusual prosecutor swap is likely to fuel further scrutiny of a prosecution already drawing intense political and legal attention.
