FILE PHOTO: Former FBI Director James Comey testified in front of the Senate Intelligence Committee in the Senate Hart building on Capitol Hill, on Thursday, June 8, 2017. Cheriss May | Nurphoto | Getty Images Former FBI Director James Comey appeared in Alexandria, Virginia, federal court on Wednesday, a day after a two-count indictment charged him with threatening to kill President Donald Trump last May by posting on Instagram a photo of seashells arranged to form the message “86 47” on a North Carolina beach. Comey’s lawyer, Patrick Fitzgerald, told Magistrate Judge William Fitzpatrick that he intends to file a motion to dismiss the case on the grounds of vindictive prosecution. Fitzgerald had filed such a motion when Comey was indicted in another federal criminal case last fall, which was later tossed out on other grounds. Fitzgerald, a former top federal prosecutor, asked the judge about preserving inflammatory statements about Comey that have been made by both Trump and the Department of Justice. The judge, Fitzpatrick, pointedly referenced the prior case when he said Comey …