James Comey indicted for alleged Trump threat with ‘86 47’ Instagram post

Former FBI director faces one charge of threatening the life of the president and one charge of making an interstate threat

Published Apr 28, 2026  •  2 minute read

James Comey speaks onstage during Former FBI Director James Comey In Conversation With MSNBC's Nicolle Wallace at 92NY on May 30, 2023 in New York City. Photo by Dia Dipasupil /Getty Images

Former FBI director James Comey was indicted Tuesday over allegations that a photo he posted last year on social media constituted a threat against U.S. President Donald Trump.

The allegations against Comey stem from a photo he posted to Instagram on May, 15, 2025 of seashells arranged to form the numbers “86 47” on a beach.

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The indictment said that by sharing the image, “a 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.”

The number 86 is slang meaning “to throw out,” “to get rid of” or “to refuse service to,” according to Merriam-Webster.

With Trump being the 47th U.S. president, Republicans and administration officials were quick to slam Comey’s post, accusing him of calling for violence against the president.

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“Threatening the life of the President of the United States is a grave violation of our nation’s laws,” said Acting Attorney General Todd Blanche on Tuesday.

“The grand jury returned an indictment alleging James Comey did just that, at a time when this country has witnessed violent incitement followed by deadly actions against President Trump and other elected officials. The temperature needs to be turned down, and anyone who dials it up and threatens the life of the President will be held accountable,” he added.

The former FBI director had been interviewed by Secret Service last year for the since-deleted post, which he captioned: “Cool shell formation on my beach walk.”

The indictment was brought in the Eastern District of North Carolina, where Comey reportedly owns a beach house.

He faces a charge of threatening the life of the president and a charge making an interstate threat.

He faces a maximum sentence of 10 years in prison if convicted.

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Former FBI director responds to charges

Comey responded to the indictment with a video posted on his Substack account.

“I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary. So, let’s go,” he said.

Shortly after deleting the photo last year, Comey posted a statement on his Instagram account, saying he “didn’t realize some folks associate those numbers with violence. It never occured to me but I oppose violence of any kind so I took the post down.”

Comey had also commented on the photo’s controversy while promoting his book in New York last May, stating his wife spotted the seashells, and they both talked about the number 86.

While at a Barnes & Noble in New York City, he said remembered it was slang for saying something was boring and should be “ditched,” the Associated Press reported.

Last September, Comey was indicted on charges of making false statements and obstruction of justice, but the case was thrown out by a judge who concluded that the prosecutor who brought the indictment, then-interim U.S. Attorney Lindsey Halligan, was illegally appointed.

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   Comey being interviewed by the Secret Service over ’86 47’ social media post
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   Trump administration officials say Secret Service is investigating Comey’s ’86 47’ social media post

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   Trump brands indicted opponent Comey a 'dirty cop'

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