Justice Department Indicts Former FBI Director James Comey Over Social Media Post
The U.S. Department of Justice has indicted former FBI Director James Comey over a social media post that officials claim was interpreted as a threat against President Donald Trump, according to multiple reports.
The indictment charges Comey with knowingly making a threat to take the life of and inflict bodily harm on the president, as well as transmitting a threat in interstate commerce. The allegations relate to a May 2025 Instagram post in which Comey shared a photo of seashells arranged to form the numbers “86 47,” captioned “Cool shell formation on my beach walk.”
The post drew backlash from administration officials and political allies who argued the numbers carried a violent meaning. Some pointed to slang interpretations of “86” as getting rid of someone, paired with “47,” a reference to Trump’s current term as president.
The Secret Service interviewed Comey in Washington, D.C., in the days after the post was published. Comey removed the image the same day and said he did not intend it as a call to violence. He wrote that he believed the numbers reflected a political message and said he was unaware they could be interpreted as violent.
Under federal law, authorities may investigate potential threats against the president, including statements that are indirect or symbolic. Bringing criminal charges requires more than showing that a message caused concern or backlash. Prosecutors must show that the speaker intended the statement to be understood as a serious threat of harm.
Courts have drawn a line between protected speech and what is known as a “true threat.” Political expression, even when offensive or controversial, is generally protected under the First Amendment. That protection does not extend to statements a court finds were meant to communicate a real and serious intent to cause violence. When language is ambiguous or relies on symbols or slang, courts often look at context and the speaker’s intent. The indictment states that a reasonable recipient familiar with the circumstances would interpret the message as a threat.
Whether that standard can be met may depend on how the message is interpreted alongside the surrounding circumstances. Cases involving numbers, slang, or coded language can present challenges because the meaning is not always explicit.
This is the second time federal prosecutors have brought charges against Comey during Trump’s current administration. In September 2025, the Justice Department charged him with making false statements and obstructing Congress in connection with alleged leaks to the press. A federal judge later dismissed that case after finding the prosecutor who secured the indictment had not been lawfully appointed, a procedural issue that prevented the case from moving forward.
Tensions between Comey and the president date back to 2017, when Trump dismissed him as FBI director during an investigation into Russian interference in the election. Since then, Comey has publicly criticized Trump, while the president and his allies have repeatedly called for investigations into his former appointee.
The case was filed in federal court in the Eastern District of North Carolina, the state where the seashell image at the center of the charges was taken.
CNN first reported the indictment. Federal officials have not yet released additional details about the charges.
