Full Breakdown
Former FBI Director James Comey Indicted Over Instagram Threat to President Trump
4/29/2026, 4:46:01 AM
Indictment Overview
On April 28 2026 a grand jury in the Eastern District of North Carolina indicted former FBI Director James Comey, 65, on two counts: (1) knowingly threatening to take the life of, and to inflict bodily harm upon, President Donald Trump, and (2) transmitting that threat via interstate commerce. The charges arise from a May 15 2025 Instagram post showing seashells arranged as “86 47,” which prosecutors say a recipient would view as a threat; “86” means “remove” and “47” refers to the 47th president. The case will be heard by Judge Louise Wood Flanagan.
Background
Comey was fired in May 2017 after testifying about the FBI’s Russia probe. A September 2025 indictment for false statements and obstruction was dismissed because the interim U.S. attorney was improperly appointed. The April 2026 indictment revives DOJ activity on a threat basis.
Official Statements & Responses
Acting Attorney General Todd Blanche said the DOJ “will never tolerate” threats against the president and will prosecute them like other threats. U.S. Attorney Ellis Boyle said “no one is above the law in Eastern North Carolina” and noted probable cause. FBI Director Kash Patel said the agency “takes all threat cases seriously and prosecutes anyone who violates federal law, regardless of title.” Comey’s lawyer Patrick Fitzgerald said his client “vigorously denies the charges” and will contest them on First-Amendment grounds.
Criticism & Opposition
President Trump said Comey “knew exactly what that meant,” labeling the post an assassination call. House Judiciary Ranking Member Jamie Raskin called the indictment disproportionate, asking, “If that’s a crime in America, then what is calling free speech of six Democratic Members of Congress ‘seditious behavior, punishable by DEATH’?” Republicans described the case as politically motivated.
Conflicting Interpretations
Sources differ on “86.” Some view it as restaurant slang for “remove,” others note a meaning of “to kill.” The indictment uses a “reasonable recipient” standard, but Comey says he did not link the numbers to violence. The court will decide if the post meets the threat statute.
Verbatim Quotes
- “I’m still innocent. I’m still not afraid. And I still believe in the independent federal judiciary, so let’s go,” — James Comey, Substack video
- “threatening the life of the president of the United States will never be tolerated by the Department of Justice.” — Todd Blanche, Acting Attorney General
- “If that’s a crime in America, then what is calling the free speech of six Democratic Members of Congress ‘seditious behavior, punishable by DEATH’?” — Jamie Raskin, House Judiciary Ranking Member
What’s Next
The case will proceed in federal court, with a trial date. Comey’s counsel will challenge the indictment on First-Amendment grounds. The DOJ says it will present evidence of intent, including the Instagram post. A separate lawsuit by Comey’s daughter Maurene continues in New York federal court.
