A federal grand jury in North Carolina has indicted former FBI Director James Comey over a controversial Instagram publish from final 12 months that President Donald Trump and members of his administration claimed was a menace towards the president.
Renewing efforts to prosecute one among Trump’s longtime adversaries, Division of Justice prosecutors introduced the case after a choose final 12 months threw out an indictment towards Comey on unrelated fees.
The brand new indictment facilities on an issue that erupted practically a 12 months in the past when Comey, in a since-deleted Instagram publish, shared an image exhibiting the numbers “86 47” written in seashells on the seashore with the caption “Cool shell formation on my seashore stroll.” Citing the slang which means of “86” as to “nix” or “get rid” of one thing, allies of the president allege that the publish was a veiled menace towards Trump, who’s the forty seventh president.
As outlined within the quick, three-page indictment, Comey faces one cost of threats towards the president and successors, and one cost of transmitting a menace in interstate commerce.
Prosecutors within the indictment say the publish constitutes a menace that any “affordable recipient who’s aware of the circumstances would interpret as a severe expression of an intent to do hurt to the President of america.”
“Nothing has modified with me,” Comey posted on-line in response to the indictment, echoing what he mentioned after the earlier indictment was thrown out final 12 months. “I am nonetheless harmless, I am nonetheless not afraid and I nonetheless imagine within the impartial federal judiciary so let’s go.”
“Nevertheless it’s actually essential that each one of us bear in mind this isn’t who we’re as a rustic, this isn’t how the Division of Justice is meant to be and the excellent news is we get nearer each day to restoring these values,” he added. “Maintain the religion.”
A screengrab reveals a social media publish made by James Comey in Might 2025.
@comey/Instagram
CNN was first to report an indictment had been handed up.
At a press convention saying the fees, appearing Legal professional Basic Todd Blanche argued that Comey’s publish crossed the road between First Modification-protected speech and speech that warrants prosecution.
“It isn’t a really troublesome line to take a look at, and it is not, in my thoughts, a troublesome line for one to cross over, by hook or by crook,” Blanche mentioned. “We can not, you aren’t allowed to threaten the President of america of America. That is not my choice. That is Congress’s choice, and a statute that they handed that we cost a number of instances a 12 months.”
Requested concerning the proof within the case past the social media publish itself, Blanche claimed there’s been a “great quantity of investigation” however didn’t elaborate on what the proof confirmed.
“And the way do you show intent? In any case, you show intent with witnesses, with paperwork, with the defendant himself, to the extent, to the extent it is applicable. And that is how we’ll show intent on this case,” Blanche mentioned.
Blanche repeatedly stood by the choice to hunt the indictment, saying the federal government would “by no means tolerate” and “prosecute anybody who violates federal legislation, no matter title or standing.”
Appearing U.S. Legal professional Basic Todd Blanche proclaims a second indictment of former FBI Director James Comey throughout a press convention on the Justice Division in Washington, April 28, 2026.
Nathan Howard/Reuters
Others, nonetheless, have used the “86” nomenclature, together with Democratic Michigan Gov. Gretchen Whitmer who appeared throughout a 2020 tv interview with a small figurine of the numbers “86 45” on a desk behind her, and conservative commentator Jack Posobiec, who posted a Tweet with “86 46” throughout Joe Biden’s presidency and not too long ago interviewed Blanche on the Conservative Political Motion Convention.
Prosecutors will probably face a excessive authorized bar to show that the Instagram publish constituted a “true menace,” which the Supreme Courtroom in 2023 discovered required exhibiting a person understood their message can be perceived as threatening. With the phrase “86 47” more and more adopted by protesters of the Trump administration, the case may carry sweeping implications for the First Modification.
When requested concerning the publish final 12 months, Trump advised that Comey needs to be prosecuted over the publish, which Trump alleged was a name “for the assassination of the president.”
“He knew precisely what that meant. A toddler is aware of what that meant. For those who’re the FBI director and you do not know what that meant, that meant assassination. And it says it loud and clear,” Trump informed Fox Information final 12 months.
On the time, Trump mentioned he would depart a call about charging Comey to then-Legal professional Basic Pam Bondi, although he insisted that Comey was a “soiled cop.”
Former FBI Director James Comey speaks throughout a Senate Intelligence Committee listening to on Capitol Hill, in Washington, June 8, 2017.
Andrew Harnik/AP
“If you add his historical past to that … he is a unclean cop. And if he had a clear historical past, I may perceive if there was a leniency, however I will allow them to make that call,” Trump mentioned.
Following backlash over the publish, Comey eliminated the picture from Instagram and mentioned he was unaware that the publish could possibly be related to violence.
“I posted earlier an image of some shells I noticed right this moment on a seashore stroll, which I assumed have been a political message. I did not notice some of us affiliate these numbers with violence. It by no means occurred to me however I oppose violence of any type so I took the publish down,” Comey mentioned on Might 15.
The publish drew swift criticism from the Trump administration, with White Home workers describing the publish “deeply regarding” and Director of Nationwide Intelligence Tulsi Gabbard calling for Comey to be imprisoned.
“James Comey for my part needs to be held accountable and put behind bars for this,” Gabbard informed Fox Information.
Comey was indicted final 12 months on unrelated fees for allegedly mendacity to Congress and obstruction associated to his testimony earlier than the U.S. Senate Judiciary Committee in 2020. Comey’s attorneys moved to dismiss the indictment, arguing the case was politically motivated and that the grand jury by no means noticed the fees of their entirety, and the case was in the end dismissed over points with the legitimacy of the prosecutor who introduced the case.
“I do know that Donald Trump will most likely come after me once more, and my perspective goes to be the identical,” Comey mentioned in a video posted to social media after the earlier indictment was thrown out in November. “I am harmless. I’m not afraid, and I imagine in an impartial federal judiciary — the reward from our founders that protects us from a would-be tyrant.”
The brand new indictment comes because the Division of Justice in latest weeks has ramped up investigations of a few of Trump’s perceived political foes below Appearing Legal professional Basic Todd Blanche, who’s heading up the Justice Division following Trump’s ouster of Pam Bondi.
Earlier this month, the Division of Justice eliminated a prime profession prosecutor from a controversial investigation in Florida after sources informed ABC Information that she had expressed issues a few rushed effort to carry legal fees towards former CIA Director John Brennan.
Prosecutors in April additionally secured an indictment towards the Southern Poverty Legislation Heart — often criticized by conservatives for his or her evaluation of hate teams — for financial institution fraud and cash laundering offenses associated to its paying of informants to infiltrate such teams. The group has denied all wrongdoing.
