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DOJ Indicts Comey Over '86 47' Instagram Post

The case tests how far prosecutors can treat an ambiguous online slogan as a criminal threat.

Overview

  • James Comey was indicted Tuesday in North Carolina on two counts alleging a threat against President Trump over a 2025 Instagram photo of seashells arranged as “86 47,” and he is due for an initial appearance May 11 in Greenville.
  • Prosecutors charged violations of 18 U.S.C. § 871(a) and § 875(c), which cover threats against the president and transmitting threats, and Acting Attorney General Todd Blanche said a grand jury found probable cause.
  • The Justice Department’s move drew sharp pushback from legal experts and institutions, with the New York City Bar calling it political retaliation and commentators across outlets warning the case faces major First Amendment hurdles.
  • Public figures added to the blowback as Joe Rogan called the prosecution “nuts,” some Republicans labeled it a stretch, and the “86 47” phrase resurfaced on May Day protest signs and merchandise, with a Florida House candidate daring authorities to “arrest us all.”
  • Separate reporting says Eastern District of Virginia prosecutors have revived a leaks probe tied to Comey’s alleged disclosures to a Columbia professor, with meetings underway but no charging decision yet reported.