Topline
The Justice Department indicted former FBI Director James Comey over allegations an Instagram post he made depicting seashells spelling out “86 47” was a threat against President Donald Trump, Comey’s second indictment after a judge tossed a previous indictment of allegedly obstructing and lying to Congress.
A judge tossed a previous indictment against Comey last year. (Photo by Dia Dipasupil/Getty Images)
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Key Facts
Specific charges against Comey were not immediately clear, though multiple outlets reported the charges stem from a post Comey made on Instagram in May 2025 that depicted seashells spelling out “86 47,” which Trump said appeared to be a threat against him.
Trump, in an interview following Comey’s post, said the former FBI director “knew exactly what that meant” and asserted he was “calling for the assassination of the president.”
The phrase “86” is often used to mean “throw out” or “get rid of,” according to Merriam-Webster, and Trump is the 47th president of the United States.
In a follow-up post last year, Comey said he assumed the seashells were a “political message” but he “didn’t realize some folks associate those numbers with violence,” adding he deleted the original post because “I oppose violence of any kind.”
Comey, whose FBI investigated the 2016 Trump campaign’s alleged ties to Russia, was fired by Trump in 2017 and has remained a subject of his ire.
Tuesday’s indictment is the second case the Justice Department has brought against the former FBI director after he was indicted last year on since-dismissed charges of lying to and obstructing Congress during testimony he gave in 2020.
Key Background
Comey made the “86 47” post while he was vacationing in North Carolina last year. After he made the post, the Secret Service reportedly tracked Comey’s location as he returned home to Virginia, and federal agents interviewed him by phone before questioning him at an in-person interview in Washington. Comey’s post drew immediate condemnation from members of the Trump administration and the president’s allies, including then-Homeland Security Secretary Kristi Noem, who said federal authorities were investigating the post, and Director of National Intelligence Tulsi Gabbard, who said Comey should be “put behind bars.”
Why Was Comey Indicted The First Time?
Comey, who was appointed by former President Barack Obama to lead the FBI and retained his position until Trump fired him in 2017, was first indicted in an unrelated case in September, stemming from 2020 testimony he gave to a Senate committee about the FBI’s investigation into links between the 2016 Trump campaign and Russia. Comey was indicted on one count of making a false statement and one count of obstructing Congress, and pleaded not guilty to both charges. Comey maintained his innocence, saying in a video statement after the indictment he is “not afraid” and is aware “there are costs to standing up to Donald Trump.” After Comey’s indictment, Trump declared, “JUSTICE IN AMERICA!” in a post on Truth Social and called Comey “one of the worst human beings this Country has ever been exposed to.” A federal judge dismissed charges against Comey in November, saying the Trump administration had illegally appointed Lindsey Halligan as interim attorney for the Eastern District of Virginia, where the charges were brought. U.S. District Judge Cameron McGowan Currie said in her ruling “all actions flowing from Ms. Halligan’s defective appointment” were “unlawful exercises of executive power and are hereby set aside.” Trump had appointed Halligan to replace Erik Siebert, the former U.S. attorney for the Eastern District of Virginia, whom he fired after the prosecutor suggested there was not enough evidence to prosecute Comey or New York Attorney General Letitia James.
Tangent
Earlier Tuesday, a federal judge ruled Maurene Comey, a former federal prosecutor and James Comey’s daughter, can sue the Trump administration in federal court alleging wrongful termination. She has accused the administration of firing her in July because of her father’s status as a Trump foe, or her “perceived political affiliation and beliefs, or both.” Comey, prior to her firing, was a prosecutor in the Southern District of New York and worked on criminal cases against Jeffrey Epstein, Ghislaine Maxwell and Sean “Diddy” Combs.
Further Reading
Judge rules that fired prosecutor Maurene Comey’s lawsuit belongs in federal court (AP)
Judge Dismisses Cases Against Comey and James, Finding Trump Prosecutor Was Unlawfully Appointed (New York Times)