James Comey Indicted Over “86 47” Post Amid Double-Standard Debate

On a Tuesday in 2024, Justice Department indicted former FBI Director James Comey for allegedly threatening the president with a deleted Instagram post that arranged seashells to read “86 47.” The number “86” means “to get rid of” and “47” references Donald Trump as the 47th president. Prosecutors argue the image constitutes a criminal threat; Comey denies violent intent and says he will contest the charges.

Newsweek

Acting Attorney General Todd Blanche said indictment follows prosecutions of threats against officials, citing a threat to President Biden. He said threats against president are prohibited and DOJ will rely on witnesses and documents to prove intent. Comey posted a video asserting his innocence, reaffirming belief in an independent federal judiciary, and pledging to fight charges.

Newsweek

Critics say indictment shows a partisan double standard. MeidasTouch posted “When can we expect the indictment?” referencing absence of legal action on “86 46” posts. “Outspoken” noted Republicans printed “8646” on shirts and fundraised on it, contrasting it with Comey’s indictment for “864.” “86 46” posts by Jack Posobiec and Matt Gaetz are cited as evidence of selective enforcement, and commentators frame it as free speech.

Newsweek

The DOJ cited “multiple cases similar to this one,” including an unnamed threat against President Biden, but gave no details, leaving precedent unclear. No prior indictment for an “86 47”-style post has been found. Whether “8646” merchandise was tied to official Republican fundraising is unverified. The department also has not explained how it will prove intent beyond “witnesses” and “documents,” creating a gap in understanding of the evidentiary basis.

Newsweek

• “You are not allowed to threaten the president of the United States of America.” — Todd Blanche, Acting Attorney General

Newsweek

• “It’s not a very difficult line.” — Todd Blanche, Acting Attorney General

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• “Nothing has changed with me. I’m still innocent. I still believe in the independent federal judiciary.” — James Comey, former FBI Director

Newsweek

• “Republicans spent years posting ‘8646.’ They printed it on shirts. They fundraised on it. Zero indictments. Comey indicted today for ‘864.’” — “Outspoken,” Substack writer

Newsweek

The case tests the boundary between political expression and criminal threats, raising concerns about how online speech is treated depending on the context. It also highlights how the Justice Department’s history of threat cases against public officials may shape future debates on free speech and partisan bias.

Newsweek

Comey says he will fight the charges in court. DOJ plans to present witnesses and documents to establish intent. The indictment is expected to intensify debates over free speech, threat statutes, and partisan bias.

Newsweek