Comey Indictment: Seashell Photo Leads to Threat Charges

Charges and Origin

Former FBI Director James Comey has been indicted on two federal counts related to a social media post. The charges, filed by a grand jury in the Eastern District of North Carolina, are:

• Threatening the President of the United States (18 U.S.C. § 871)
• Transmitting a threat in interstate commerce (18 U.S.C. § 875(c))

Each count carries a maximum penalty of 10 years in prison.

The indictment stems from a photo Comey posted on Instagram in May 2025. The image showed seashells arranged on a beach to form the numbers "86 47." Comey captioned the post: "Cool shell formation on my beach walk."

Interpretations of the Post

The numbers "86" and "47" have been interpreted differently by various parties:

• Some observers interpret "86" as slang for removing or killing someone, and "47" as a reference to President Donald Trump, the 47th president.
• Common dictionary definitions of "86" include "to throw out," "to get rid of," or "to refuse service to."
• Comey stated he did not realize the numbers could be associated with violence. He explained he thought the numbers were a general political message and that the term "86" is also a restaurant term meaning sold out or canceled.

Actions Taken by Comey

Comey deleted the post on the same day it was published. In a subsequent statement, he said: "I didn't realise some folks associate those numbers with violence" and stated he "opposes violence of any kind." He has maintained his innocence, writing on Substack: "I'm still innocent. I'm still not afraid. And I still believe in the independent federal judiciary."

Legal Proceedings

• An arrest warrant was issued for Comey.
• Comey surrendered voluntarily in federal court in the Eastern District of Virginia on Wednesday, June 25, 2025.
• He appeared before Judge William E. Fitzpatrick in a hearing lasting less than 10 minutes.
• No plea was entered. Comey was released without conditions.
• The case is assigned to U.S. District Judge Louise Wood Flanagan in North Carolina.
• Comey's legal team plans to file motions alleging selective and vindictive prosecution.

"Threatening the life of the President of the United States is a grave violation of our nation's laws." — Acting Attorney General Todd Blanche

Government Statements

• Acting Attorney General Todd Blanche stated that the indictment is supported by evidence beyond the Instagram post, including witness testimony and documents, which would be presented at trial. He declined to provide specifics about additional evidence.

• FBI Director Kash Patel said: "James Comey disgracefully encouraged a threat on President Trump's life... This FBI and our DOJ partners pursued a rigorous investigation that followed the facts."

• U.S. Attorney Ellis Boyle for the Eastern District of North Carolina said: "No one is above the law."

Legal Context

The case has raised questions among legal experts about the interpretation of "true threats" under the First Amendment. The Supreme Court has ruled that "true threats" are not protected speech. In Counterman v. Colorado (2023), the Court held that the government must prove the defendant had a subjective understanding of the threatening nature of their statement. In Elonis v. U.S. (2015), the Court found that transmitting a threat requires proof the defendant intended the communication to be a threat or knew it would be viewed as one.

Previous Case Against Comey

This is the second indictment of Comey by the Justice Department. A previous case, charging him with lying to Congress and obstruction of justice, was dismissed in late 2023 by a federal judge. The judge ruled that the interim U.S. Attorney who secured that indictment had been improperly appointed, bypassing Senate confirmation. That case was dismissed without prejudice.

John Bolton Pleads Guilty to Retaining Classified Information

Charges and Plea Agreement

Former National Security Advisor John Bolton pleaded guilty on Friday, June 26, 2025, to one count of unauthorized retention of national defense information. The plea was entered before U.S. District Judge Theodore D. Chuang in Greenbelt, Maryland.

Under the plea agreement:

• Bolton faces a maximum sentence of 60 months (5 years) in prison.
• He has agreed to pay a $2.25 million fine, with half due within five days of sentencing.
• He will forfeit retirement benefits related to his government service.
• He agreed to perform 100 hours of community service.
• He will debrief national security officials regarding the classified information.

Sentencing is scheduled for October 28, 2025. Bolton was released pending sentencing.

"Ambassador Bolton did what real leaders do. He took responsibility for a mistake he made." — Bolton's attorney, Abbe Lowell

Background of the Case

Bolton was originally indicted in October 2024 on 18 criminal counts (8 for transmission of national defense information and 10 for retention of national defense information). He initially pleaded not guilty.

According to federal prosecutors, Bolton regularly took handwritten notes containing sensitive information from meetings with intelligence and military officials or foreign leaders during his tenure as National Security Advisor (April 2018 to September 2019). He then transmitted this information to two family members (his wife and daughter, who lacked security clearances) via text messages or an AOL email account. The material was found on a computer in his home and in his Washington, DC office, spanning from 2018 through August 2025.

Details of the Violation

The guilty plea relates specifically to an electronic diary entry containing national defense information. The information included briefings about weapons of mass destruction and intelligence on foreign adversaries. The original 18 counts involved sharing over a thousand pages of classified information, some classified at the TOP SECRET/SCI level.

The investigation began after Bolton's email account was hacked by individuals associated with the Iranian government, leading to a federal probe in 2022.

Context

Bolton served as National Security Advisor under President Donald Trump and has since become a frequent critic of the president. He released a memoir, "The Room Where It Happened," in 2020, which portrayed Trump as ill-informed about geopolitics. The White House sued to block publication, claiming it contained classified information; a judge denied that request.

Bolton is one of three prominent Trump critics indicted by the Justice Department, alongside James Comey and New York Attorney General Letitia James. The cases against James and Comey's first indictment were both dismissed due to improper appointment of the prosecutor.