A federal grand jury has once again indicted former FBI Director James Comey, this time over a social media post from 2025 that prosecutors contend constituted a threat against President Donald J. Ellis Boyle, the U.S. Attorney for the Eastern District of North Carolina, announced the charges on April 28, 2026. This marks the second legal action initiated against Comey by the Justice Department under the current administration, following a previous indictment that was dismissed by a federal judge.
The charges stem from an Instagram post Comey shared on May 15, 2025, depicting seashells arranged on a beach to form the numbers "86 47." Prosecutors allege this arrangement conveyed a threat to inflict harm upon the president, violating statutes related to threatening the president and transmitting threats in interstate commerce. Comey, who has been a vocal critic of President Trump, has denied the allegations. He stated in a video released following the indictment that he contests the charges and maintains his innocence.
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Details of the Charges and Previous Case
The indictment details two counts against Comey:
Threatening the President in violation of 18 U.S.C. § 871(a).
Transmitting a Threat in Interstate Commerce in violation of 18 U.S.C. § 875(c).
Prosecutors argue that Comey "consciously disregarded a substantial risk that his communication would be viewed as threatening violence" and knowingly transmitted a communication containing a threat of injury. The grand jury found probable cause to support these charges after reviewing the evidence.
This new indictment revives efforts to prosecute one of President Trump's prominent adversaries, coming after a prior attempt in Virginia was dismissed. That earlier indictment, filed shortly before the statute of limitations expired, faced legal challenges regarding the qualifications of the acting U.S. Attorney involved. Sources indicate that four prosecutors who worked on the previous cases were subsequently fired by the department.
Context and Reactions
Critics and Comey's legal team have characterized these indictments as politically motivated, intended to punish Comey for his outspoken opposition to President Trump. Trump and his allies, however, interpreted the "86 47" post as a veiled threat suggesting the president should be killed, given Trump's position as the 47th president.
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James Comey, 65, deleted the Instagram post after facing backlash, stating he was unaware it could be associated with violence. Acting Attorney General Todd Blanche has asserted that Comey's post crossed the boundary between protected speech and prosecutable threats.
The current administration has reportedly focused on perceived political enemies, with other figures like former CIA Director John Brennan and former President Joe Biden also facing scrutiny.
The controversy surrounding the "86 47" imagery has reportedly extended beyond legal proceedings, appearing in political rallies and on merchandise.
Separately, Maurene Comey, identified as the former FBI director's daughter, is pursuing a lawsuit alleging she was fired in retaliation for her father's status.
Comey's attorneys have declined to comment on the current indictment.
