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Comey to Appear in Court May 11 on Federal Threat Charges

The case tests whether a symbolic Instagram post can count as a criminal threat.

Overview

  • James Comey is set for an initial appearance in Greenville federal court before Magistrate Judge Kimberly Swank after a grand jury charged him with making a threat against President Trump.
  • The two-count indictment alleges violations of 18 U.S.C. § 871(a) and 18 U.S.C. § 875(c), which together carry a maximum penalty of 10 years in prison if he is convicted.
  • Prosecutors say a 2025 Instagram photo of seashells arranged as “86 47” conveyed a true threat, noting that “86” is slang for “get rid of” and that Trump is the 47th president.
  • Comey deleted the post and later wrote that he did not realize some people link those numbers to violence and that he opposes violence of any kind.
  • Bloomberg Law reported that prosecutors in the Eastern District of Virginia have revived a separate inquiry into alleged classified disclosures tied to documents Comey shared with a Columbia professor, with meetings underway and no grand jury action reported.