A federal grand jury has again indicted former FBI Director James Comey, this time levying charges related to a social media post from May 2025 that prosecutors contend contained a threat against President Donald Trump. This marks the second indictment against Comey brought forth by the Justice Department under the current administration, fueling accusations of politically motivated prosecution from critics.
The indictment, returned in the Eastern District of North Carolina, charges Comey with two counts: threatening the President, in violation of 18 U.S.C. § 871(a), and transmitting a threat in interstate commerce, in violation of 18 U.S.C. § 875(c). Prosecutors assert that Comey consciously disregarded a substantial risk that his communication would be viewed as threatening violence and that he knowingly transmitted a communication containing a threat to injure another person, which a reasonable recipient would interpret as a serious intent to do harm. Specifically, the charges stem from an Instagram post featuring a photo of seashells arranged on a beach to form the numbers "86 47."
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Comey has vehemently denied the charges, issuing a video statement on his Substack account declaring his innocence. He criticized the current Justice Department, stating his belief in the "independent federal judiciary" and vowing to contest the charges. His legal team has declined to comment on the specifics of the indictment.
A Pattern of Prosecution
This indictment follows a previous attempt by the Justice Department to prosecute Comey, which was dismissed by a federal judge in November. That earlier case involved allegations that Comey lied to a Senate committee concerning his authorization of media leaks. Comey's defense team has argued that these prosecutions are vindictive, intended to punish him for his outspoken criticism of President Trump since his tenure as FBI Director during Trump's first term.
The administration's pursuit of Comey has drawn parallels to actions against other perceived political opponents, including former CIA Director John Brennan and former President Joe Biden, as prosecutors reportedly focus on individuals critical of the President. The firing of four prosecutors who reportedly worked on these cases has also been noted.
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The "Seashells" Post and its Interpretation
The "86 47" Instagram post, shared on May 15, 2025, before being deleted, has become the focal point of the latest charges. Supporters of the indictment argue that the arrangement of shells, interpreted by some as referencing the "47th President" of the United States, constituted a clear threat to violently remove Trump from power, a notion that has reportedly circulated at political rallies and on merchandise. Comey, 65, has maintained that the post was misinterpreted and did not carry any malicious intent.
The case is proceeding as the statute of limitations for the initial indictment was nearing expiration. Comey's attorneys have indicated they will contest these new charges in court, aiming to "vindicate Mr. Comey and the First Amendment."
