WASHINGTON — Former FBI Director James Comey was indicted Tuesday on federal charges alleging he threatened President Donald Trump through a social media post featuring seashells arranged to spell “86 47,” according to the U.S. Department of Justice.
A federal grand jury in the Eastern District of North Carolina returned a two-count indictment charging the 65-year-old Comey with knowingly and willfully making a threat to take the life of, or inflict bodily harm upon, the president of the United States, and with transmitting such a threat in interstate commerce, court documents show. The charges stem from an Instagram post on or about May 15, 2025, in which Comey shared a photograph of seashells on a beach that officials said a reasonable recipient would interpret as a serious expression of intent to harm Trump.
The Department of Justice alleges the arrangement “86 47” constituted a threat, with “86” interpreted in some slang as meaning to “get rid of” or eliminate something, and “47” referring to Trump as the 47th president. The post was later deleted, according to reports citing the investigation.
This marks the second time the Justice Department under the current administration has brought criminal charges against Comey, a frequent critic of the president. Details of the outcome of any prior case were not immediately clear from available information.
Comey responded to the indictment in a video statement posted to his Substack account. “This indictment is deeply flawed,” he said, maintaining that he viewed the seashell arrangement as a political message rather than a call to violence. “Nothing has changed with me,” he added.
The indictment was returned in North Carolina, where prosecutors say Comey took the photograph during a walk on the beach. Court records indicate the image was publicly posted via Instagram, satisfying the interstate commerce element of the second count.
Legal experts and civil liberties groups have questioned the strength of the case, with the American Civil Liberties Union describing it as part of a pattern of actions targeting political opponents, though the organization did not comment on the specific facts of the alleged threat.
Officials have not publicly detailed additional evidence beyond the seashell photograph and its interpretation. Comey has not entered a plea, and it remained unclear Tuesday evening whether he had been taken into custody or if an arrest warrant had been issued.
The case is being prosecuted in the Eastern District of North Carolina. No trial date has been set.
Comey served as FBI director from 2013 until his dismissal by Trump in 2017 amid the bureau’s investigation into Russian interference in the 2016 election. He has remained a vocal commentator on law enforcement and national security matters since leaving government service.
As of Tuesday, Comey’s legal team had not issued a detailed public response beyond the former director’s video statement. The Justice Department declined to comment beyond its official release announcing the indictment.
The matter is assigned to the U.S. District Court for the Eastern District of North Carolina.
