Federal Grand Jury Indicts Ex-FBI Director James Comey on Charges of Threatening President Trump with ’86 47′ Seashell Post
Washington, D.C. – A federal grand jury in the Eastern District of North Carolina has indicted former FBI Director James Comey on two felony counts related to an alleged threat against President Donald Trump, stemming from a cryptic Instagram post featuring seashells arranged as “86 47.” The charges, announced by the Department of Justice, accuse Comey of knowingly threatening the president’s life and transmitting a threat via interstate commerce.[1]
The indictment, unsealed Tuesday, details that on May 15, 2025, Comey, 65, posted an image on Instagram showing seashells spelling out “86 47.” Prosecutors argue that a reasonable person familiar with the context would interpret this as a serious expression of intent to harm Trump, the 47th President of the United States. “86” is cited as slang for “kill” or “get rid of,” making the post a veiled assassination threat.[1][2]
“Threatening the life of the President of the United States is a grave violation of our nation’s laws,” Acting Attorney General Todd Blanche stated in the DOJ press release. “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.”[1]
Charges and Potential Penalties
Comey faces two specific charges:
- Violation of 18 U.S.C. § 871(a): Knowingly and willfully making a threat to take the life of or inflict bodily harm upon the President.[1]
- Violation of 18 U.S.C. § 875(c): Transmitting in interstate commerce a communication containing a threat to injure another, which a reasonable recipient would view as a serious intent to harm.[1]
If convicted on either count, Comey could face up to 10 years in federal prison. The case is being investigated by the Federal Bureau of Investigation (FBI), with Assistant U.S. Attorney Matthew R. Petracca leading the prosecution. U.S. Attorney W. Ellis Boyle for the Eastern District of North Carolina made the formal announcement.[1]
Context of the Post and Timing
The controversial post was made nearly a year ago, reportedly photographed on a beach in North Carolina, which falls under the jurisdiction of the indicting grand jury.[3] President Trump himself highlighted the post in a Fox News interview at the time, claiming “86” meant assassination and “47” referred to his position as the 47th president.[2]
The timing of the indictment is notable, coming just three days after a gunman was arrested for allegedly attempting to assassinate Trump during the White House Correspondents’ Dinner in Washington, D.C. This incident has heightened national concerns over political violence.[2]
Political Backdrop and Criticisms
This marks the second federal indictment against Comey under the Trump administration, following previous legal actions against the former FBI director, whom Trump fired in 2017 amid the Russia investigation. Comey has been a vocal critic of Trump since his dismissal.[3]
Critics, including some media outlets, portray the case as part of a broader Justice Department effort to target Trump’s political opponents. A YouTube report described it as “the Trump administration Justice Department’s relentless effort to prosecute political opponents,” noting Acting AG Blanche’s history as Trump’s personal lawyer.[4] The indictment reportedly lacks direct evidence that Comey intended the post as a threat, instead relying on how a “reasonable recipient” might interpret it. Comey has publicly denied any threatening intent.[4]
Blanche, a Trump loyalist, is said to be using high-profile cases like this to solidify his position for a permanent Attorney General role.[4]
Comey’s Response and Legal Next Steps
As of Wednesday, Comey had not issued a public statement on the indictment. A federal arrest warrant has been requested, according to reports.[4] Legal experts anticipate Comey will challenge the charges, arguing First Amendment protections for ambiguous social media expressions, especially given the symbolic nature of seashells on a beach.
The case unfolds against a backdrop of escalating tensions, with recent assassination attempts underscoring the gravity of threats against elected officials. The DOJ emphasized that such actions undermine national security and democratic stability.[1]
Broader Implications
This indictment reignites debates over free speech versus public safety in the digital age. Social media posts by public figures are increasingly scrutinized for coded language that could incite violence, particularly in a polarized political climate.
Comey’s tenure as FBI Director from 2013 to 2017 was marked by controversy, including his role in the Hillary Clinton email investigation and the early stages of the Trump-Russia probe. His firing by Trump led to the appointment of Special Counsel Robert Mueller.
As the case progresses, it will test the boundaries of threat statutes in interpreting symbolic online content. Court proceedings are expected to begin soon in North Carolina federal court.
This story is developing. Updates will follow as new information emerges.