Full Breakdown
Former FBI Director James Comey Indicted Again Over Instagram Seashell Post
4/29/2026, 2:38:44 AM
Indictment Over Instagram Seashell Photo
On April 28 2026 a federal grand jury in the Eastern District of North Carolina returned a two-count indictment against former FBI Director James Comey. Prosecutors say an Instagram photo he posted in May 2025 showing seashells arranged as “86 47” was a threat to kill or injure President Donald Trump and that the image was transmitted in interstate commerce. The indictment carries up to five years imprisonment per count. The case revives a September 2025 indictment that was dismissed in November after a judge ruled interim U.S. attorney Lindsey Halligan had been unlawfully appointed.
Timeline
- May 2025: Comey posts seashell photo on Instagram, caption “Cool shell formation on my beach walk.”
- Same day: Post deleted; Secret Service conducts hours-long interview; DHS announces investigation.
- September 2025: Grand jury indicts Comey on false-statement and obstruction charges.
- November 2025: Federal judge dismisses September indictment over Halligan’s appointment.
- April 28 2026: New indictment issued on threat charges.
Legal Basis
The indictment alleges that a ‘reasonable recipient familiar with the circumstances’ would view the seashell image as a serious threat to the President. Count 1 charges threatening to take the President’s life or inflict bodily harm; Count 2 charges transmitting that threat via interstate commerce. Both counts are felonies punishable by up to five years.
Official Statements
Acting Attorney General Todd Blanche said the Justice Department ‘will not tolerate threats to the President.’ U.S. Attorney W. Ellis Boyle said Comey will receive ‘every form of due process.’ The department declined further comment; Comey’s lawyers have not issued a public response.
Criticism & Opposition
Homeland Security Secretary Kristi Noem called the post ‘a call for the assassination of the President’ and urged a Secret Service investigation. Director of National Intelligence Tulsi Gabbard said Comey should be ‘put behind bars’ and expressed concern for Trump’s safety.
Conflicting Reports & Gaps
Media accounts differ on the indictment’s precise language; some cite two counts of ‘threatening the President,’ others specify ‘transmitting a threat in interstate commerce.’ CBS identified Assistant U.S. Attorney Matthew Petracca as the signing attorney, while other outlets left the signer unnamed. The specific statutory provisions have not been disclosed.
Verbatim Quotes
- “He knew exactly what that meant. A child knows what that meant. If you’re the FBI director and you don’t know what that meant, that meant assassination. And it says it loud and clear,” — Donald Trump, President, Fox News interview
- “I didn't realize some folks associate those numbers with violence.” — James Comey, former FBI Director
- “Threatening the life of the president of the United States will never be tolerated by the Department of Justice.” — Todd Blanche, Acting Attorney General
- “put behind bars for this.” — Tulsi Gabbard, Director of National Intelligence
What’s Next
The indictment includes an arrest warrant; Blanche said the department expects an arrangement for Comey’s surrender. No court date has been set, and the defense is likely to challenge the ‘true threat’ standard on First Amendment grounds. The case follows heightened DOJ focus on political violence after the recent White House Correspondents’ Dinner attack.
