A federal grand jury has returned a second indictment against James Comey, former Director of the FBI, this time in connection with an Instagram post featuring seashells arranged to form the numbers "86 47". Prosecutors contend the image, posted in May 2025, constitutes a threat to President Donald Trump.
Comey faces two federal charges: knowingly and willfully making a threat to the life and bodily harm of the president, and knowingly and willfully transmitting such a threat in interstate commerce. The indictment, filed in the Eastern District of North Carolina, alleges Comey "consciously disregarded a substantial risk" that his communication would be seen as a threat of violence.
This marks the second indictment brought against Comey by the Trump administration's Justice Department, drawing accusations of politically motivated prosecution from critics and Comey's legal team. Comey has publicly denied the charges, stating his intent was not threatening and asserting his rights under the First Amendment.
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Charges Detail a Seashell Post
The charges specifically reference an Instagram post by Comey, depicting seashells on a beach. Officials claim the arrangement, interpreted as "86 47," was a deliberate threat against President Trump, implying a violent removal from power. Comey reportedly removed the post after facing backlash and stated he was unaware of any potential association with violence. Acting Attorney General Todd Blanche argued the post crossed a line from protected speech to actionable threats.
Comey’s legal team, including attorney Patrick Fitzgerald, has reiterated their intent to vigorously contest the charges. They have previously argued that prosecution is vindictive and intended to punish Comey for his outspoken criticism of President Trump.
Legal Maneuvers and a History of Indictments
This latest indictment comes after a previous charge against Comey was dismissed by a judge. The circumstances surrounding the dismissal are unclear from the provided reports, but it is noted that the earlier case involved unrelated charges and faced legal scrutiny regarding the qualifications of a prosecutor involved.
Read More: Ex-FBI Director Comey Charged for Instagram Post Threat
Comey has been a vocal critic of President Trump since his tenure leading the FBI during Trump's first term. His outspoken opposition has fueled the narrative of vindictive prosecution surrounding these legal actions. The Department of Justice, however, maintains that Comey's alleged conduct is subject to investigation and prosecution like any other citizen.
An arrest warrant has been issued for Comey. He has addressed the indictment via a video statement on his Substack account, vowing to defend himself and the First Amendment in court. The Department of Justice is expected to hold a press conference to further detail the charges.
