James Comey is expected to self-surrender to authorities Wednesday in the Eastern District of Virginia following a new federal indictment tied to an Instagram post that allies of Donald Trump have described as a veiled threat.
A federal grand jury in North Carolina returned the indictment Tuesday, charging Comey with one count of threats against the president and his successors and one count of transmitting a threat in interstate commerce. The case stems from a since-deleted social media post Comey shared nearly a year ago, according to ABC News.
In the post, Comey shared an image of seashells arranged to display the numbers “86 47” on a beach, accompanied by the caption “Cool shell formation on my beach walk.” Critics, citing the slang term “86” as meaning to eliminate or dispose of something, interpreted the combination as a reference to the 47th president and a veiled call for harm.
The three-page indictment argues that the post amounts to a threat that “any reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to the President of the United States.”
Legal experts say prosecutors may face a significant hurdle in proving the post qualifies as a “true threat” under Supreme Court precedent established in 2023, which requires demonstrating that the sender understood the message would be viewed as threatening. The phrase “86 47” has since gained traction among some protesters opposing the Trump administration, raising potential First Amendment concerns about the breadth of the charges.
The case marks the second federal indictment against Comey in recent years. Last year, he faced charges related to allegedly lying to Congress and obstruction of justice tied to his 2020 Senate Judiciary Committee testimony. That case was dismissed amid disputes over the prosecutor’s legitimacy and claims of political motivation.
In a video posted after the earlier indictment was thrown out in November, Comey said: “I know that Donald Trump will probably come after me again, and my attitude is going to be the same. I’m innocent. I am not afraid, and I believe in an independent federal judiciary — the gift from our founders that protects us from a would-be tyrant.”
Following news of the latest charges Tuesday, Comey wrote online: “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.”
He added: “But 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.”
The indictment comes as the Department of Justice, now led by Acting Attorney General Todd Blanche, has intensified scrutiny of individuals viewed as political opponents of the president. Comey’s legal team is expected to challenge the case, as it did in prior proceedings.
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They need to treat comey like he did Trump, go to his house at 3 am in the morning guns a blazing with helicopters and sway teams .