The United States Department of Justice has filed two felony charges against former FBI Director James Comey, accusing him of knowingly and willfully threatening the life of President Donald Trump through a social media post. Acting Attorney General Todd Blanche — who previously served as Trump's personal defence lawyer — announced the indictment on Tuesday, stating that Comey's conduct was "the same kind of conduct that we will never tolerate and that we will always investigate and regularly prosecute."
The charges stem from a photograph Comey posted on Instagram in May last year while on holiday in North Carolina. The image showed seashells arranged on a beach to form the numbers "86 47." In American slang, "86" can mean to remove or get rid of something, while 47 is a reference to Trump as the 47th president of the United States. The two-count indictment, filed in federal court in the Eastern District of North Carolina, alleges that a reasonable person familiar with these connotations would interpret the image as a serious expression of intent to harm the president. Comey deleted the post shortly after it sparked controversy, writing on Instagram: "It never occurred to me, but I oppose violence of any kind so I took the post down." In a video response to Tuesday's indictment, Comey said: "I'm still innocent. I'm still not afraid and I still believe in the independent federal judiciary. So let's go."
This marks the second time the Trump administration has sought to prosecute Comey. A previous indictment, filed in September and accusing him of lying to Congress about authorising media disclosures related to FBI investigations, was dismissed by a federal judge who found that the lead prosecutor had not been lawfully appointed. The DOJ is appealing that ruling. Legal analysts note that the new case faces a high bar: a 2023 Supreme Court ruling established that prosecutors must prove a defendant had a subjective understanding that their statement could be interpreted as a threat — otherwise it is protected speech under the First Amendment.
Democrats in Congress pushed back sharply, with some House Judiciary Committee members asking whether Trump himself would face charges for statements they characterised as threatening his political opponents. Critics also pointed out that Michigan Governor Gretchen Whitmer had displayed a similar "86 45" sign on her desk during Trump's first term, raising questions about selective prosecution. Comey's lawyer Patrick Fitzgerald said his team looked forward to vindicating his client "and the First Amendment."
The indictment reflects a broader pattern since Blanche took over as acting attorney general in April, with the DOJ escalating action against figures Trump has publicly criticised, including former CIA Director John Brennan and former President Joe Biden. Comey, who was fired by Trump in 2017, oversaw the FBI's investigation into alleged links between Trump's first presidential campaign and Russian officials — a long-running source of tension between the two men. An arrest warrant has been issued, though it remained unclear as of Tuesday whether Comey had been taken into custody.