The lead prosecutor in former FBI director James Comey’s case over a social media post has withdrawn, according to a new court filing.

The justice department filed notice with the court on Friday evening that Matthew Petracca, a prosecutor from the US attorney’s office for the eastern district of North Carolina, had been replaced by assistant US attorney Timothy Severo.

“This move has nothing to do with the merits of any case,” a justice department spokesperson said. “Offices balance resources across shifting civil and criminal dockets, and roster changes are common. Mr Petracca shifted to a civil AUSA position that recently became available in the office. An experienced AUSA picked up the case.”

Comey was indicted in North Carolina in April 2026 over a photograph he posted last year of seashells arranged in the numbers “86 47” – a message the justice department says amounts to a threat against Trump, the 47th US president. The former FBI director is being indicted on two counts of threatening the president and transmitting a threat in interstate commerce. If convicted, he faces up to 10 years in prison.

In response to the indictment, Comey posted a video to his personal Substack, where he defended his innocence.

“Well, they’re back,” he said in the video. “This time, about a picture of seashells on a North Carolina beach a year ago. And this won’t be the end of it, but nothing has changed with me. I am still innocent. I am still not afraid. And I still believe in the independent federal judiciary. So, let’s go.”

The latest charges arrived months after the failure of an effort by the justice department to prosecute Comey for allegedly lying to Congress. That indictment was tossed out by a federal judge in Virginia who ruled that the prosecutor overseeing the case had been wrongfully appointed.

Former prosecutors have said that the latest charges against Comey are weaker than the earlier ones and speak to the ambition of the acting attorney general, Todd Blanche, to quickly meet Trump’s desires. Blanche was tapped to lead the justice department after the firing of Pam Bondi as attorney general.

“The descent to the bottom at DoJ has accelerated since Bondi’s departure – an apparent casualty of Blanche’s ambition,” Michael Bromwich, a former inspector general at the justice department, previously told the Guardian.

Legal experts also argued that the second indictment of Comey, a top target of Donald Trump in his quest for revenge against critics, suggests more charges could be coming against other Trump opponents as the president continues to use the Department of Justice to attack perceived political enemies.

Trump’s grievances with Comey date back to the president’s first term, when he led the bureau’s counterintelligence investigation into Trump’s ties to Russia. Trump fired Comey as FBI director in 2017, four years into his 10-year term.

Comey’s trial is set to begin on 21 October in North Carolina.