James Comey indicted again, this time over "86 47" photo
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Former FBI Director James Comey speaks at a Barnes & Noble in New York City on May 19, 2025. Photo: Michael M. Santiago/Getty Images
Former FBI Director James Comey, a frequent critic of President Trump, has been indicted by the U.S. Department of Justice for a second time.
The big picture: The charges involve a 2025 social media post by Comey featuring seashells arranged to display "86 47," which some Republicans at the time interpreted as a threat against Trump.
Driving the news: The indictment, filed in the Eastern District of North Carolina, charges Comey with making threats against the president and transmitting a threat in interstate commerce.
- The indictment alleges that "a reasonable recipient who is familiar with the circumstances would interpret" the seashells arranged in the "86 47" pattern "as a serious expression of an intent to do harm to the President of the United States."
What they're saying: "You are not allowed to threaten the president of the United States of America," acting Attorney General Todd Blanche said at a press conference Tuesday afternoon.
- He added that the government will present evidence showing Comey intended to cause harm and said the prosecution doesn't threaten free speech, as some First Amendment advocates have alleged.
The other side: "Well, they're back," Comey said in a video message posted to his Substack account.
- "Nothing has changed with me. I'm still innocent, I'm still not afraid, and I still believe in the independent federal judiciary, so let's go."
- "It's really important that all of us remember this is not who we are as a country. This is not how the Department of Justice is supposed to be. And the good news is we get closer every day to restoring those values. Keep the faith," he continued.
- "Mr. Comey vigorously denies the charges contained in the Indictment filed in the Eastern District of North Carolina. We will contest these charges in the courtroom and look forward to vindicating Mr. Comey and the First Amendment," Comey's attorney Patrick Fitzgerald said in a statement to Axios.
Context: The Justice Department tried to indict Comey last year for lying to Congress in 2020, but that case crumbled.
- The case was tossed because the appointment of Trump's hand-picked prosecutor, Lindsey Halligan, was deemed invalid.
- Comey said after a judge dismissed the initial case against him that he anticipated the president coming after him again.
Catch up quick: Comey told MSNBC last year that he thought the formation of shells on a beach into the number "86 47" — the 47 a reference to Trump's current term — was a "clever way to express a political viewpoint" and didn't know of a violent meaning behind "86."
- "86" is slang meaning to "get rid of."
- But the Secret Service the and Department of Homeland Security probed Comey's since-deleted post, with then-DHS Secretary Kristi Noem claiming Comey had "called for the assassination" of Trump.
- Comey, in a message confirming he had removed the image from his Instagram, wrote that he opposed "violence of any kind."
Zoom in: Blanche confirmed that authorities have issued a warrant for Comey's arrest but said he was unsure if Comey was in police custody.
- He said Comey is welcome to turn himself in to law enforcement.
- There was no set date for Comey to appear in court as of 5pm ET.
Editor's note: This story has been updated throughout with additional information.
