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Acting AG Says Comey Indictment Rests on More Than '86 47' Post

Blanche’s pledge to lay out evidence in court signals looming First Amendment tests over what counts as a true threat.

Overview

  • Blanche, in Sunday interviews, said prosecutors built an 11‑month record beyond James Comey’s seashell Instagram photo and that grand jury secrecy prevents sharing details now.
  • Comey faces two federal counts for allegedly threatening the president and transmitting a threat tied to a May 15, 2025 post showing seashells arranged as “86 47,” which he deleted after denying any violent intent.
  • Blanche said the numbers appear widely online and that using the phrase alone does not trigger charges, adding that the government will try to prove intent with witnesses and documents at a public trial.
  • Legal analysts and politicians from both parties questioned the case’s strength, with CNN’s Elie Honig citing Supreme Court precedent on protected speech and Sen. Thom Tillis and Rep. Adam Schiff voicing skepticism.
  • The case moves toward arraignment on May 11 in Greenville as defense lawyers prepare First Amendment and selective‑prosecution challenges, following a prior Comey indictment that a judge tossed over a faulty prosecutor appointment.