Overview
- James Comey surrendered in Alexandria on Wednesday, was briefly arrested, made a short initial appearance, and was released without conditions as the case proceeds in North Carolina.
- A federal grand jury in the Eastern District of North Carolina indicted Comey on Tuesday on two counts alleging a threat against President Donald Trump and an interstate threatening communication, each carrying up to 10 years in prison.
- Prosecutors say the charges stem from a May 2025 Instagram photo of seashells arranged as “86 47,” a phrase critics read as “get rid of 47,” while Comey says he meant no violence and deleted the post after learning of that meaning.
- The Secret Service interviewed Comey after the post, and his lawyers now plan to argue selective or vindictive prosecution following an earlier case that a judge dismissed in 2025 over an improperly appointed prosecutor.
- First Amendment scholars say proving a “true threat” from an ambiguous post is difficult, and no trial date has been set.