Former FBI Director James Comey Surrenders in Virginia, Faces Federal Charges Over '86 47' Instagram Post

Former FBI Director James Comey surrendered to federal authorities in Virginia on April 29 and appeared before a magistrate judge after being indicted on two federal counts related to an Instagram post showing seashells arranged as '86 47,' according to Reuters. The Justice Department alleges the post constituted a threat against President Donald Trump; Comey denies that interpretation.

The Details

The Justice Department indictment, announced by the DOJ, charges Comey with threatening the president under 18 U.S.C. § 871(a) and transmitting a threat in interstate commerce under 18 U.S.C. § 875(c). Prosecutors allege the May 15, 2025 Instagram post — in which Comey shared an image bearing the characters '86 47' — would be interpreted by a reasonable recipient as a serious expression of intent to harm Trump, the 47th president of the United States.

Acting Attorney General Todd Blanche, in a statement released by the DOJ, said: "Threatening the life of the President of the United States is a grave violation of our nation's laws."

Comey, however, said he did not intend the post as a threat. In a statement reported by BBC News after he deleted the image, Comey said: "I didn't realize some folks associate those numbers with violence. It never occurred to me, but I oppose violence of any kind so I took the post down."

After the brief court appearance, a magistrate judge ordered Comey released without special conditions, according to Reuters. His next scheduled appearance is expected in North Carolina, where the indictment was returned — though the surrender and initial hearing occurred in Virginia, Reuters and BBC News reported.

Comey's attorney Patrick Fitzgerald responded to the indictment in a statement obtained by NBC News: "We will contest these charges in the courtroom and look forward to vindicating Mr. Comey and the First Amendment." The defense has also argued, according to Reuters, that the case amounts to selective or vindictive prosecution and that the post was not intended as a threat.

Context

The phrase '86' is slang that can mean 'get rid of,' while '47' refers to Trump as the 47th U.S. president, according to BBC News and Reuters. Prosecutors argue the combined phrase was threatening; Comey says he did not understand the numbers to carry that connotation when he posted the image.

Comey was fired by Trump in 2017 and has remained one of the former president's most prominent public critics, according to Reuters, adding a political dimension that his defense has cited in challenging the prosecution's motives.

The current indictment is the second criminal case brought against Comey during Trump's second term, according to CNBC and NBC News. An earlier case tied to alleged false statements to Congress was dismissed by a federal judge on grounds related to the prosecutor's appointment.

The prosecution has drawn skepticism from both sides of the aisle. Republican Sen. Thom Tillis said he hoped there was more evidence than the picture itself, while former federal prosecutor Jimmy Gurulé called the indictment an embarrassment, according to BBC News and CNBC.

What's Next

Comey's next court appearance is expected in North Carolina, where the federal indictment was returned, according to Reuters. His attorney has stated the defense intends to contest the charges at trial and frame the case as a First Amendment issue, according to NBC News.