Comey indicted again over seashell Instagram post as Trump pursues political foes

A federal grand jury in North Carolina indicted former FBI Director James Comey on Tuesday on charges that he threatened President Donald Trump by posting a photo of seashells arranged to read "86 47" on Instagram last May, marking the second prosecution of the longtime Trump critic in recent months, according to the Nebraska Examiner.

The indictment, signed by Matthew Petracca of the Justice Department's Criminal Division, charges Comey with knowingly and willfully making threats against the president and transmitting a threat in interstate commerce. Prosecutors argue that "a reasonable recipient who is familiar with the circumstances" would interpret the seashell arrangement as "a serious expression of an intent to do harm to the President of the United States."

The numbers carry political significance in Trump circles: "86" is slang for removing or discarding something, while "47" refers to Trump's current presidential term. Comey has maintained he assumed the arrangement represented "a political message" but did not realize "some folks associate those numbers with violence." He deleted the post the same day and said he opposes violence of any kind.

"You are not allowed to threaten the president of the United States of America," acting Attorney General Todd Blanche said at a Justice Department news conference. "That's not my decision, that's Congress' decision." Blanche, a former Trump personal attorney, became acting attorney general in early April after the president fired Attorney General Pam Bondi.

Legal experts have expressed skepticism about the government's case. Supreme Court precedent requires prosecutors to show that Comey was aware his message could make recipients fearful and that he "callously disregarded" the risk, a high bar for a social media post about seashells.

Comey responded defiantly in a video posted to Substack hours after the indictment. "I'm still innocent, I'm still not afraid, and I still believe in the independent federal judiciary," he said, adding, "It's really important that all of us remember this is not who we are as a country, this is not how the Department of Justice is supposed to be."

The prosecution marks the second time Trump's Justice Department has targeted Comey, who became a staunch Trump critic after being fired as FBI director in 2017 during the Russia investigation. A previous indictment charging Comey with lying to Congress was dismissed in November when a judge ruled the prosecutor had been unlawfully appointed.

The move is part of a broader pattern. Comey is one of many Trump adversaries indicted or investigated since the president returned to office in January 2025, including New York Attorney General Letitia James, former CIA Director John Brennan, and the Southern Poverty Law Center.

Comey's attorney, Patrick Fitzgerald, said the defense team plans to challenge the indictment and "look forward to vindicating Mr. Comey and the First Amendment." The former FBI director appeared in federal court Wednesday in Virginia and was released without restrictions on his release.