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James Comey Indicted Over ‘86 47’ Instagram Photo Alleged to Threaten President Trump

The case tests the high bar for treating online posts as a criminal “true threat” under Supreme Court precedent.

Overview

  • - A grand jury in the Eastern District of North Carolina returned an indictment Tuesday over Comey’s 2025 Instagram photo showing seashells arranged as “86 47.”
  • - Prosecutors charged him with threatening the president and transmitting a threat in interstate commerce, with each count carrying a potential five-year prison term.
  • - A federal court issued an arrest warrant after the grand jury action, and officials say talks are underway for Comey to surrender rather than face a public arrest.
  • - The Secret Service questioned Comey for hours last May, and he quickly deleted the post, saying he thought the numbers were a political message and that he opposes violence.
  • - Legal analysts note prosecutors must prove Comey understood the post would be seen as threatening, and the case follows a prior Comey indictment dismissed over an unlawfully appointed prosecutor as Acting Attorney General Todd Blanche expands probes of Trump critics.