Former FBI Director James Comey has been indicted on charges of threatening the life of U.S. President Donald Trump, following a social media post he shared last year that prosecutors say carried a violent message.
The indictment stems from an image Comey briefly posted on Instagram showing seashells arranged to form the numbers “86 47.” The term “86” is slang commonly interpreted to mean “remove” or “get rid of,” while Trump is the 47th president of the United States.
Comey has denied any intent to threaten the president, insisting he was unaware of any violent connotation linked to the numbers. “I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary,” he said in a statement responding to the charges.
According to court documents, Comey faces charges of making a threat against the president and transmitting a threat in interstate commerce. Each count carries a maximum penalty of 10 years in prison if convicted.
Acting U.S. Attorney General Todd Blanche said during a press briefing that the indictment underscores the seriousness with which authorities treat threats against public officials.
“While this case is unique, and this indictment stands out because of the name of the defendant, his alleged conduct is the same kind of conduct that we will never tolerate and that we will always investigate and regularly prosecute,” Blanche said.
FBI Director Kash Patel added that Comey, given his previous leadership role at the bureau, “knew full well the attention and consequences of making such a post.”
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Comey, who was dismissed by Trump during his first term after overseeing the FBI’s investigation into Russian interference in the 2016 U.S. election, has long been a target of the president’s criticism.
Trump has repeatedly called for his prosecution.
U.S. Secret Service agents interviewed Comey in May last year about the seashell image. He subsequently deleted the post and issued a clarification, saying he “assumed [the seashells] were a political message” and did not realise some individuals associated the numbers with violence.
“It never occurred to me but I oppose violence of any kind so I took the post down,” Comey said at the time.
Trump, however, dismissed that explanation, saying “a child knows what that meant.
The indictment has sparked debate among legal scholars and former prosecutors. Michael Gerhardt, a constitutional law expert at the University of North Carolina School of Law, described the case as “very thin,” suggesting courts may view the post as protected speech under the First Amendment.
Jimmy Gurulé, a professor at Notre Dame Law School and former federal prosecutor, called the indictment “an embarrassment to the American criminal justice system,” arguing it could damage the credibility of the U.S.Department of Justice.
This marks the second time the Justice Department has brought charges against Comey. In September, a federal grand jury indicted him on allegations of lying to Congress and obstructing a congressional proceeding related to testimony he gave in 2020.
Comey pleaded not guilty in that case, which was later dismissed by U.S. District Judge Cameron Currie. The judge ruled that the prosecutor who secured the indictment, Lindsey Halligan, had not been properly authorised to present the case to the grand jury, though she left open the possibility for the government to refile charges.
Separately, a federal judge ruled Tuesday that Maurene Comey, James Comey’s daughter and a former federal prosecutor, may proceed with her lawsuit challenging her dismissal by the Trump administration.