DOJ indicts James Comey over ‘86 47’ seashell photo, allegedly threatening Trump

The Justice Department has indicted former FBI Director James Comey over a 2025 social media post involving seashells, marking the Trump administration’s second attempt to prosecute him. 

The indictment alleges that an Instagram post he made last year spelling out “86 47” was in fact, an assassination threat against Donald Trump.

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A two-count indictment was unsealed in the US District Court for the Eastern District of North Carolina. Count 1, for threatening the President of the United States, carries a maximum penalty of five years. Count 2, transmitting a threat through interstate commerce, also carries a five-year term.

Acting Attorney General Todd Blanche stated it remains unclear whether Comey will be arrested or allowed to self-surrender, emphasizing that threats against the President will not be tolerated.

“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.

In May 2025, Comey posted an Instagram photo of seashells arranged to form the numbers ‘86 47 with the caption: “Cool shell formation on my beach walk.” 

The DOJ argues that a reasonable recipient would see this as an intent to harm President Trump. ‘86 is slang for removal or ejection while ‘47’ refers to Trump’s status as the 47th President.

He deleted the post shortly after, stating it was a political message and that he was unaware of any associations between those numbers and violence. 

This indictment follows a separate case involving charges of lying to Congress and obstruction. That case was dismissed because the prosecutor, Lindsey Halligan, was found to have been improperly appointed. 

Comey has been a target of Donald Trump since being fired in 2017; recently Trump has used social media to publicly urge the DOJ to pursue charges against Comey and other critics. 

Given the severity of the situation, Sen. Richard Durbin has condemned the indictment, labeling it a politically motivated effort to appease the President rather than a legitimate pursuit of justice.

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.”

In addition, the second Comey indictment comes just days after a shooter attempted to storm the White House Correspondents’ Dinner, which President Trump was attending. The suspect was intercepted and turned away by security before he could enter the ballroom.