Former FBI Director James Comey Indicted Over Instagram Post

The indictment charges Comey with two counts related to an alleged threat against President Trump, stemming from a May 2025 social media post.

A federal grand jury in the Eastern District of North Carolina has indicted former FBI Director James Comey on charges related to a social media post. This marks the second time the Justice Department has brought criminal charges against Comey under the current administration.

Charges and Legal Details

The indictment, returned on April 28, 2025, charges Comey with two counts:

• Knowingly and willfully making a threat to take the life of or inflict bodily harm upon the President of the United States (18 U.S.C. § 871)
• Knowingly and willfully transmitting a threat in interstate commerce (18 U.S.C. § 875(c))

Acting Attorney General Todd Blanche announced the indictment. The case is being prosecuted by Assistant U.S. Attorney Matthew R. Petracca and has been assigned to U.S. District Judge Louise Wood Flanagan in the Eastern District of North Carolina.

If convicted, Comey faces a maximum penalty of 10 years in prison.

The Post at Issue

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

President Donald Trump is the 47th president of the United States. Some individuals have interpreted "86" as slang meaning to remove, cancel, or kill. The Department of Justice alleges that a reasonable recipient familiar with the circumstances would interpret the post as a serious expression of intent to harm the President.

Comey deleted the post the same day. He stated at the time that he did not realize some people associate those numbers with violence and that he opposes violence of any kind. He later described the post as "totally innocent."

Legal Context and Ambiguity

Legal experts have cited differing interpretations of the term "86." Merriam-Webster's most common definitions include "to throw out" or "to refuse service to," with "to kill" listed as a less common, recent usage. The Oxford English Dictionary does not include a definition meaning "to kill." Some restaurant workers have stated the term is commonly used without violent intent.

The Supreme Court has ruled that "true threats" are not protected by the First Amendment. In Counterman v. Colorado (2023), the Court held that the government must prove the defendant had subjective understanding of the threatening nature of the statement. In Elonis v. U.S. (2015), the Court found that transmitting a threat requires proof that the defendant intended to issue a threat or knew the communication would be viewed as a threat.

Acting Attorney General Blanche stated that the indictment is based on evidence beyond the Instagram post, including witness testimony, documents, and materials collected over approximately 11 months. He declined to provide specifics but said the evidence would be presented at trial.

Proceedings

Comey surrendered on Wednesday at the federal courthouse in the Eastern District of Virginia. He appeared before Judge William E. Fitzpatrick in Alexandria, Virginia, for a hearing lasting less than 10 minutes. Comey entered and exited through a side entrance, wore a dark suit, and did not speak during the hearing. He was released without conditions. No plea was entered. No date has been set for arraignment or first appearance in North Carolina.

An arrest warrant was issued. Officials stated that no arrest was imminent, and Comey was expected to surrender voluntarily.

Statements from Officials and Parties

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

FBI Director Kash Patel stated that Comey "encouraged a threat on President Trump's life" and noted that the FBI conducted a rigorous investigation that followed the facts.

"No one is above the law." — U.S. Attorney Ellis Boyle

President Trump stated on Fox News that Comey knew the meaning of the post and described it as a call for assassination.

Comey stated in a Substack post: "I'm still innocent. I'm still not afraid. And I still believe in the independent federal judiciary, so let's go." His attorney, Patrick Fitzgerald, stated that Comey "vigorously denies" the charges and will contest them in court, citing First Amendment protections. Comey's legal team plans to file motions alleging selective and vindictive prosecution.

Background

Comey served as FBI Director from 2013 to 2017. He oversaw the early stages of the investigation into potential coordination between the Trump campaign and Russia during the 2016 election. President Trump fired Comey in May 2017. Since then, Comey has been a vocal critic of President Trump, and their relationship has been publicly strained.

This is the second criminal case brought against Comey by the current administration. A previous indictment, filed in September 2024, charged Comey with lying to Congress over leaks to the press. A federal judge dismissed that case in late 2024, ruling that the interim U.S. Attorney for the Eastern District of Virginia had been improperly appointed, having bypassed Senate approval. The dismissal was without prejudice.

The Justice Department has pursued cases against other individuals who have been critics of President Trump, including former CIA Director John Brennan.

A lawsuit filed by Comey's daughter, Maurene Comey, challenging her firing from the Justice Department, was allowed to proceed in federal court.

An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.