The US Justice Department is defending its prosecution of former FBI Director James B Comey over a social media post that prosecutors say could be interpreted as a threat.

Associated Press reported that prosecutors argued the post, which referred to seashells, could be read in a threatening way. Comey’s lawyers are seeking dismissal of the case and have challenged the government’s interpretation of the message.

The dispute places the meaning of the online post at the centre of the federal case. The defence has argued that the prosecution is retaliatory and selective, while the government says the case can proceed under the facts it has presented.

The Guardian previously reported on the wider investigation and the defence’s claim that Comey was subjected to unusual scrutiny. Those claims remain contested, and the case has not established that Comey committed the conduct alleged by prosecutors.

The court’s handling of the dismissal request will determine whether the prosecution continues. Until there is a ruling, the allegations and the defence response should be treated as arguments by the two sides rather than final findings.doj-james-comey-prosecution-seashells-post