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DOJ Indicts James Comey Over '86 47' Instagram Post With First Hearing on May 11

The case tests whether an ambiguous Instagram post can be prosecuted as a true threat.

Overview

  • An Eastern District of North Carolina grand jury returned a two‑count indictment, and Comey is due in Greenville on May 11 for his first court appearance before Magistrate Judge Kimberly Swank.
  • Prosecutors cite statutes on threatening the president and sending threats across state lines, tying both counts to a photo of seashells spelling “86 47,” which carries up to 10 years in prison if he is convicted.
  • The image drew backlash in 2025, and Comey deleted it and said he opposed violence, which legal experts say could make proving a “true threat” under First Amendment standards difficult.
  • Bloomberg Law reports that prosecutors in the Eastern District of Virginia have revived a separate leak inquiry involving documents Comey shared with a Columbia professor, with meetings underway and no charges filed.
  • The indictment has drawn broad pushback, with the New York City Bar calling it political retaliation and right‑leaning legal voices arguing the case is weak and unlikely to survive in court.