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Former FBI Director James Comey Indicted Again Over Instagram Seashell Photo

4/29/2026, 4:07:58 AM

Indictment

The Justice Department unsealed a two-count indictment in North Carolina charging former FBI Director James Comey with knowingly threatening President Donald Trump and transmitting that threat. Charges stem from a May 2025 Instagram post showing seashells arranged as “86 47,” which prosecutors say could be read as a call to kill the president.

Context

Comey, appointed by President Barack Obama, was dismissed by President Trump in May 2017 after refusing a loyalty pledge while overseeing the FBI’s Russia-interference probe. Acting Attorney General Todd Blanche, a Trump ally, has overseen prosecutions of president’s opponents. The case also involved U.S. attorney Lindsey Halligan—later ruled unlawfully appointed—and Secret Service agents who interviewed Comey after the post.

Timeline

May 2025 – post and deletion; May 2025 – Secret Service interview; Sep 2025 – prior indictment dismissed; Apr 2026 – new indictment.

Statements

Acting Attorney General Todd Blanche said government will “prove intent with witnesses, documents, and the defendant himself,” and stressed conduct is “the same kind of conduct we will never tolerate.” President Trump called the indictment a “dark day for America” and warned foes could be charged. Comey posted a video asserting his innocence and urging faith in judiciary.

Criticism

Comey’s lawyers call the case “selective and vindictive,” noting earlier dismissal after prosecutor Lindsey Halligan was deemed unlawfully appointed. Constitutional scholars cite the 2023 Supreme Court decision that a threat must be subjectively understood, arguing evidence may not meet that threshold. Civil-rights groups warn the prosecution could chill political speech and undermine Justice Department impartiality.

Gaps

Sources differ on whether the indictment includes the interstate-commerce threat count. Merriam-Webster defines “86” as “to get rid of,” but some claim a newer “to kill” sense. No evidence of Comey’s intent has been released.

Quotes

  • “Well, they’re back… I’m still innocent. I’m still not afraid and I still believe in the independent federal judiciary. So let’s go.” — James Comey, video message
  • “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, Fox News interview
  • “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.” — Todd Blanche, news conference
  • “The defendant, James Brien Comey Jr., did knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States.” — Indictment text

Next

A federal judge will review the indictment for probable cause; Comey plans to move for dismissal on First-Amendment grounds.