Overview
- Comey was charged by a federal grand jury in the Eastern District of North Carolina on Tuesday with making a threat against the president and transmitting an interstate threat, with each count carrying up to 10 years in prison.
- After surrendering Wednesday in Alexandria, Virginia, Comey was briefly arrested, appeared before Judge William E. Fitzpatrick, and was released without conditions.
- 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 never intended a violent message and deleted the post.
- The case will move to federal court in New Bern under U.S. Attorney Ellis Boyle, and Comey’s lawyers say they will file motions alleging selective and politically motivated prosecution.
- Legal experts have voiced skepticism that the ambiguous “86 47” phrase meets the high bar for a true threat, pointing to widespread political uses of “86” that have not led to charges.