Full Breakdown
DOJ Response to Posobiec’s “86 46” Post
4/30/2026, 12:40:32 AM
AG Blanche Addresses Potential Charges Against Jack Posobiec
During a CBS Mornings interview on Wednesday, CBS chief Washington correspondent Major Garrett asked acting Attorney General Todd Blanche if the Justice Department would charge right-wing influencer Jack Posobiec for a May 15 X post reading “8646.” The question referenced the recent indictment of former FBI Director James Comey over a similar “86 47” Instagram image. Blanche said the cases cannot be directly compared, noting that grand-jury decisions rely on comprehensive investigations, not isolated images.
Background: Comey’s “86 47” Indictment and the “86 46” Post
The indictment of James Comey, announced on Tuesday, stems from a 2025 Instagram photo of seashells on a North Carolina beach captioned “86 47,” which prosecutors view as a threat toward the 47th president. Posobiec’s “8646” post, made in May of the prior year, used the same shorthand for “discard.” Commentators have cited both as potential threats, prompting Garrett’s comparison.
Key Figures & Groups
- Jack Posobiec – Influencer who posted “8646.”
- James Comey – Former FBI director indicted for the “86 47” post.
- Todd Blanche – Acting Attorney General overseeing the investigation.
- Major Garrett – CBS chief Washington correspondent who conducted the interview.
- Andy McCarthy – Fox News legal analyst who called the Comey case “absurd.”
Official Statements & Responses
Blanche said the FBI, Secret Service and the U.S. Attorney’s Office have investigated Posobiec’s post, and that the inquiry led to a two-count indictment in Comey’s case. She emphasized that each case is judged on its own facts and that a similar image alone does not determine whether charges are filed. In a Substack video, Comey affirmed his innocence, said he is not afraid, and expressed confidence in an independent federal judiciary.
Criticism & Opposition
Legal commentator Andy McCarthy, on Fox News, dismissed the Comey indictment as “absurd,” reflecting a broader critique that the charges may lack substantive legal grounding.
Verbatim Quotes
Implications & Next Steps
Blanche said the Justice Department will keep reviewing Posobiec’s conduct, but no charging decision has been announced. Observers will watch for further DOJ statements as the investigation proceeds, while the Comey indictment remains a focal point for debate over applying threat statutes to political speech.
