Justice Department indicts James Comey over seashell photo

Michael Macagnone, CQ-Roll Call on Apr 28, 2026

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WASHINGTON — The Justice Department indicted former FBI Director James Comey again Tuesday, on allegations that an Instagram post he made last year showing seashells spelling out “86 47” was in fact an assassination threat against President Donald Trump.

The two-count indictment, brought in the U.S. District Court for the Eastern District of North Carolina, comes months after a federal judge in a separate case dismissed charges Comey lied to Congress and obstructed a congressional proceeding, citing problems with how the case was brought.

The indictment unsealed Tuesday focused on an Instagram post Comey made in May 2025, where seashells were arranged to show “86 47,” with the caption “Cool shell formation on my beach walk.”

The indictment paints it in a different light, saying Comey publicly posted a photograph of the seashell shapes, “which a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to President Trump.”

The indictment’s first count, for threatening the president, comes with a possible five-year prison term. The second, transmitting a threat through interstate commerce, also comes with a five-year prison term.

Comey’s counsel, Patrick Fitzgerald, released a statement Tuesday that he intended to fight the charges.

“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,” Fitzpatrick said.

Republicans previously have claimed that the Instagram post constituted a threat against Trump. Then-Secretary of Homeland Security Kristi Noem claimed it could be a call “for the assassination” of Trump and said he would be investigated by the U.S. Secret Service. Trump himself told Fox News that Comey was “calling for the assassination of the president.”

The term “86” frequently means being rejected or removed. The band Green Day published a song titled “86” about being kicked out of a club.

Comey later removed the post and issued a statement that he intended the post as a political message and “didn’t realize some folks associate those numbers with violence.”

Acting Attorney General Todd Blanche, speaking to reporters Tuesday, said Comey would face charges the same as any other American. He also said it was “unclear” whether Comey would be arrested or be able to turn himself in.

“Threatening the life of the president of the United States will never be tolerated by the Department of Justice,” Blanche said.

For years Trump has called for Comey and other critics to be arrested or otherwise face criminal charges.

Comey served as FBI director from 2013 until Trump fired him in May 2017 after complaining about Comey’s investigation into Russian interference in the 2016 election.

Last year, a grand jury returned an indictment against Comey for false statements to Congress during a 2020 hearing. The case, brought by then-interim U.S. Attorney Lindsey Halligan, alleged that Comey lied about authorizing leaks during his time as FBI director during a congressional hearing.

Days before the indictment, Trump posted on his social media website Truth Social exhorting “Pam,” referring to then-Attorney General Pamela Bondi, to pursue charges against Comey, New York Attorney General Letitia James and members of Congress.

That case ran into multiple challenges and was ultimately dismissed when a judge found that Halligan was improperly appointed. That decision is under appeal, Blanche said Tuesday.

Sen. Richard J. Durbin, D-Ill., criticized the new indictment in a statement, casting the charges as an effort to appease Trump.

“With the Justice Department riddled with turmoil, its political leadership is clearly desperate to continue to appease Donald Trump by appealing to his worst instincts and need for petty retribution,” Durbin’s statement said. “Just like the last baseless indictment against Mr. Comey, this is another case of a weaponized Justice Department lashing out on behalf of a vengeful President.”

The second Comey indictment comes days after a shooter attempted to storm the White House Correspondents’ Dinner while Trump attended but was stopped by security.

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