Full Breakdown
Former FBI Director James Comey Indicted Again Over Instagram Shell Photo
4/29/2026, 2:42:35 AM
New Indictment Over Instagram Shell Photo
The U.S. Department of Justice filed a fresh criminal indictment against former FBI Director James B. Comey on April 28, 2026. The indictment stems from an Instagram post made in May 2025 that displayed seashells arranged to read “86 47.” Federal investigators interpreted the combination of the slang term “86” (to remove or discard) with the number 47 (the ordinal of President Donald Trump) as a potential threat against the president. The post was deleted by Comey after the controversy erupted.
Background & Context
Comey’s first indictment, filed in September 2025, charged him with lying to Congress and obstructing a congressional proceeding related to his 2020 testimony. A federal judge dismissed that case in November 2025 after finding that interim U.S. Attorney Lindsey Halligan had been improperly appointed. Throughout 2025-2026, President Trump repeatedly urged the Justice Department to prosecute Comey, describing the shell image as a call for assassination. Acting Attorney General Todd Blanche has overseen the renewed effort, coinciding with other high-profile indictments pursued by the Trump-aligned DOJ.
Key Figures & Groups
- James Comey – former FBI director, defendant.
- Donald Trump – 47th president, alleged target of the post.
- Todd Blanche – acting Attorney General directing the indictment.
- Kristi Noem – then-Secretary of Homeland Security, labeled the post a “call for the assassination.”
- Tulsi Gabbard – identified in reports as Director of National Intelligence, called for Comey’s imprisonment.
- Secret Service – conducted a multi-hour interview with Comey in May 2025.
- Department of Justice – filing authority; jurisdiction of the grand jury not disclosed.
Timeline
- May 2025 – Comey posts the “86 47” seashell photo on Instagram; deletes it later the same day.
- May 2025 – Secret Service interviews Comey by phone and in person.
- September 2025 – DOJ files first indictment (false statements, obstruction).
- November 2025 – Federal judge dismisses first indictment due to unlawful appointment of the prosecutor.
- April 28 2026 – DOJ files second indictment related to the Instagram post.
Data & Statistics
- Two separate federal indictments filed against Comey within a 12-month span.
- The specific charge(s) in the April 2026 indictment have not been disclosed.
- The indictment was reported to have been issued by a grand jury in the Eastern District of North Carolina, though some sources note the jurisdiction remains unconfirmed.
Why It Matters
The case tests the boundaries of political speech protection under the First Amendment and raises questions about prosecutorial independence when the executive branch exerts direct pressure on the Justice Department. It also reflects the broader pattern of the Trump administration’s use of criminal proceedings against perceived political opponents.
Official Statements & Responses
- The Justice Department declined to comment on the new indictment.
- President Trump has repeatedly asserted that the shell image constituted an assassination threat and urged swift action.
- Acting Attorney General Blanche has indicated a “commitment to enforce the law” while pursuing other high-profile cases.
- The Secret Service confirmed a standard investigative interview but provided no further details.
Criticism & Opposition
Legal scholars cited by media outlets argue that the indictment may be vulnerable to dismissal on free-speech grounds, noting that the post did not contain an explicit threat. Critics also point to the pattern of selective prosecutions as evidence of politicized law enforcement.
Conflicting Reports & Gaps
- The exact legal count(s) and statutory basis of the indictment remain undisclosed.
- Sources differ on whether the grand jury convened in the Eastern District of North Carolina or another venue.
- No official DOJ press release has been issued, leaving the public record incomplete.
Verbatim Quotes
- “I didn't realize some folks associate those numbers with violence.” — James Comey, former FBI Director (Instagram post).
- “It never occurred to me but I oppose violence of any kind so I took the post down.” — James Comey, former FBI Director.
- “calling for the assassination of the president” — Kristi Noem, Secretary of Homeland Security.
- “Director of National Intelligence Tulsi Gabbard told Fox News following Comey’s post that the former director should be “put behind bars for this” and that she was “very concerned” for Trump’s life.” — Tulsi Gabbard, Director of National Intelligence (as reported).
- “If you’re the FBI director and you don’t know what that meant, that meant assassination.” — Donald Trump, President of the United States.
What’s Next
Comey is expected to appear before a federal court to enter a plea; the indictment’s specifics will likely be revealed during arraignment. Defense counsel has indicated plans to challenge the charge on First-Amendment grounds. The case may prompt further judicial scrutiny of the Justice Department’s prosecutorial discretion under the current administration.
