Comey Indicted Over Alleged Trump Threat in Instagram Post

Former FBI Director James Comey was indicted on Tuesday for allegedly threatening President Donald Trump through an Instagram post showing seashells arranged to spell out '8647'. The indictment, unsealed on Wednesday, stems from a photo posted by Comey in May 2025 while vacationing in North Carolina. According to multiple reports, officials interpreted this as a threat against President Trump, with the numbers allegedly referencing the slang term 'eighty-six', meaning 'remove' or 'eject', and Trump being the 47th U.S. president.

Comey was charged with two felonies: making threats against the president (18 U.S.C. § 871) and transmitting interstate communications containing threats to harm others (18 U.S.C. § 875(c)). The indictment alleges that a reasonable person would interpret Comey's post as a serious expression of intent to do harm to President Trump, according to The Guardian. Comey has denied any wrongdoing, stating he assumed the numbers reflected a political message and removed the post shortly after it was made. 'I didn't realize some folks associate those numbers with violence,' Comey said in a video on his personal Substack, according to HuffPost. He added, 'I'm still innocent.' According to Reuters, U.S. Magistrate Judge William Fitzpatrick ordered Comey released without any special conditions after his court appearance.

The case has sparked debate among legal experts regarding First Amendment challenges. George Washington University law professor Jonathan Turley argued that if the charges are based solely on the image, they could face significant constitutional hurdles, as reported by Fox News. Conversely, Mike Davis of the Article III Project contends that threats against a sitting president fall outside protected speech.

The indictment was secured under Acting Attorney General Todd Blanche, who previously served as Trump's personal lawyer. According to CBS News, Blanche denied on 'CBS Mornings' that President Trump directed the Justice Department to pursue charges against Comey, stating it was an investigation conducted over nearly a year resulting in a grand jury returning an indictment. The Justice Department held a news briefing emphasizing that the case is similar to other threats cases they routinely bring.

Comey's legal team has stated they will contest these charges and look forward to vindicating him and the First Amendment, according to The Guardian. This is the second indictment against Comey over the past year, with the first one being dismissed by a judge last year. The case comes amid heightened political tensions in Washington.

According to Sky News, President Trump stated that '86' was a term used by mobsters to indicate killing someone. He told reporters, 'People think of it as something having to do with disappearing, but the mob uses that term to say when they want to kill somebody.' Mr. Comey previously said he didn't realize the numbers could be linked to violence and deleted the post when people mentioned it.

Legal experts believe prosecutors will argue that Comey, as former head of the FBI, knew what these terms meant and intended them as a threat to the president. John Fishwick, a former U.S. attorney in Virginia, noted the challenge this poses in light of Mr. Comey's free speech rights under the First Amendment.

Rep. Adam Schiff (D-Calif.) criticized the charges against Comey during an appearance on NBC’s “Meet the Press,” suggesting that the case is so weak it could inspire a new name for such prosecutions: ‘seashells cases.’ He argued that the focus on this case distracts from more serious crimes like violent crime, rape, and child trafficking. According to HuffPost, Schiff stated, 'The fact that we’re spending time on a seashells case... means they’re not focused on James Comey and seashells, and it’s the American public that suffers.'

Acting Attorney General Todd Blanche clarified on NBC News' “Meet The Press” that the indictment is based on more than just the Instagram post. He mentioned a body of evidence collected over approximately 11 months, which will be presented in an open trial. According to UPI, Blanche said, 'This is not about a single Instagram post... At the trial -- a public trial that will be open to the public -- everybody in this country will know exactly what evidence the government has against Mr. Comey.' Sen. Thomas Tillis (R-N.C.) expressed skepticism, stating on CNN's “State of the Union” that he questions whether the Instagram post is an actual call to violence or if the indictment is politically motivated.

The '86 47' slogan tied to James Comey resurfaced at May Day protests across the U.S., with demonstrators holding signs featuring the numbers. According to Fox News, one sign read, '86 the whole regime.' The protests were organized by various groups, including May Day Strong, which described them as rallies demanding a nation that puts workers over billionaires.

Acting Attorney General Todd Blanche denied allegations that the Justice Department is engaging in a retribution campaign against President Trump's adversaries. In an interview with CBS News, Blanche called such claims 'simply false' and insisted that prosecutors are 'doing our jobs' and 'making America safe again.' He emphasized that the Comey indictment was one of thousands of cases brought by the Justice Department annually and was spearheaded by local prosecutors and agents. According to CBS News, Blanche also stated that President Trump has the right to oversee the agency as part of his executive power.

The White House responded to former President Barack Obama's criticism of the Justice Department's actions, branding him a 'classless moron' suffering from 'Trump Derangement Syndrome.' According to Fox News, White House spokesperson Davis Ingle said Obama is a 'total disgrace for all the division he has sowed upon this country.' Obama had suggested that a president should not direct the attorney general to prosecute individuals, comparing such actions to using the Justice Department as a 'consiglieri' rather than serving as the people's lawyer.

Former President Barack Obama discussed the importance of maintaining the independence of the Justice Department during an interview with Stephen Colbert on 'The Late Show.' According to HuffPost, Obama emphasized that American democracy cannot survive the politicization of the criminal justice system. He suggested codifying norms to prevent presidents from directing prosecutions based on political motives, mentioning examples like pardoning campaign contributors or investing in presidential businesses.

Acting Attorney General Todd Blanche reiterated that the indictment against James Comey is not solely based on the '8647' Instagram post. During an interview on 'Meet the Press,' Blanche stated that the case rests on a body of evidence collected over approximately 11 months, including witnesses, documents, and materials. According to Fox News, Blanche emphasized that career prosecutors, FBI agents, and Secret Service agents investigated the case thoroughly.

Legal experts have pushed back against skepticism surrounding the indictment of James Comey. Former Democratic U.S. Attorney John Fishwick cautioned against prematurely dismissing the case, suggesting that the Department of Justice would not have brought the charges without meeting key legal thresholds. According to Fox News, Fishwick noted that Comey's background as a federal prosecutor and his public statements against Trump could be relevant in proving intent.