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Grand Jury Indicts James Comey Over '86 47' Instagram Post Alleged as Threat to President

The case tests whether a cryptic social-media post can be prosecuted as a true threat under the First Amendment.

Overview

  • Federal prosecutors in the Eastern District of North Carolina on Tuesday secured a two‑count indictment against the former FBI director, and a judge issued an arrest warrant.
  • The charges stem from a May 2025 Instagram photo of seashells arranged as "86 47" with the caption "Cool shell formation on my beach walk," which Comey deleted after saying he opposed violence and did not grasp the numbers’ violent connotations.
  • The indictment says a reasonable viewer would see the image as a serious intent to harm the president, citing "86" as slang for getting rid of someone and "47" as a reference to Trump as the 47th president.
  • Acting Attorney General Todd Blanche defended the case as routine enforcement of threats against public officials, and each count carries a potential sentence of up to five years in prison.
  • Secret Service agents questioned Comey soon after the post last year, and this new case follows a prior Comey indictment that a judge dismissed because the prosecutor was unlawfully appointed, setting up fights over intent and the high bar for proving a true threat.