DOJ Indicts James Comey a Second Time Over '86 47' Instagram Post It Says Threatened Trump

The U.S. Justice Department on April 28, 2026 charged former FBI Director James Comey for the second time in the Trump era, accusing him of threatening the life of President Donald Trump through an Instagram post showing seashells arranged to display the numbers '86 47' on a North Carolina beach. The two-count indictment, filed in the Eastern District of North Carolina, charges Comey with threatening the president and transmitting a threat across state lines — offenses that each carry a maximum sentence of ten years in prison, according to CNBC. Comey, in a video response shortly after the announcement, denied any wrongdoing and said he intends to fight the charges.

The Details

The indictment alleges Comey 'did knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States' through the Instagram post, according to NPR, which also reported that a grand jury issued a warrant for his arrest alongside the charges. The post, which Comey published in May 2025, showed seashells on a beach arranged in the configuration '86 47.' The phrase '86 47' — a reference to Trump as the 47th president — was interpreted by Trump allies as a call for violence, given that '86' is a slang term that in some contexts means to kill or eliminate. Comey deleted the post after receiving backlash and said, according to Reuters, that he did not realize some people associate the numbers with violence and that he opposes violence of any kind.

Acting Attorney General Todd Blanche announced the case in a statement covered by NPR, saying: 'Threatening the life of the President of the United States will never be tolerated by the Department of Justice.' Blanche confirmed that each of the two counts carries a maximum sentence of ten years, according to CNBC.

Comey responded in a video message cited by Reuters: 'I'm still innocent. I'm still not afraid. This is not how the Department of Justice is supposed to be.' His attorney, Patrick Fitzgerald, issued a statement saying: 'We will contest these charges in the courtroom and look forward to vindicating Mr. Comey and the First Amendment.'

Whether the post constitutes a criminal 'true threat' or protected political speech under the First Amendment is disputed and is expected to form the center of Comey's defense, according to Reuters, NPR, and CNBC. The distinction between a constitutionally protected political statement and a prosecutable threat is a question courts have addressed repeatedly, and the framing of the seashell post will likely dominate legal proceedings in the Eastern District of North Carolina.

Context

This marks the second time federal prosecutors have brought charges against Comey during Trump's second term. An earlier case was dismissed after a judge found that the prosecutor who secured that indictment was not lawfully appointed, according to Reuters, NPR, and CNBC. The new indictment comes as a fresh attempt by the Justice Department to pursue charges stemming from the same May 2025 Instagram post that prompted the first case.

The case stems from a photo Comey posted while apparently visiting a North Carolina beach in May 2025. After Trump allies publicly identified the arrangement of shells as a reference to the president and interpreted it as a threat, Comey removed the post and issued a clarification denying any threatening intent, according to the Guardian, Reuters, and NPR.

The indictment arrived days after an alleged assassination scare at the White House Correspondents' Dinner, a timing that CNBC reported added to the political tension around claims of violent rhetoric directed at Trump. The combination of the two episodes has heightened attention on what the Justice Department characterizes as threats against the president.

What's Next

Comey and his legal team, led by attorney Patrick Fitzgerald, have indicated they will contest the charges in court, with Fitzgerald specifically citing a First Amendment defense, according to Reuters. The case will proceed before a federal judge in the Eastern District of North Carolina, where a grand jury has already issued an arrest warrant, according to NPR.

The central legal question — whether the '86 47' post qualifies as a criminal 'true threat' or falls within constitutional protections for political speech — is expected to be litigated through pretrial motions and potentially a full trial, according to Reuters, NPR, and CNBC.