Trump Administration Indicts Former FBI Director James Comey Over Instagram Seashell Post

The DOJ announced that a federal grand jury in the Eastern District of North Carolina indicted former FBI Director James Comey on two counts—threatening the president under 18 U.S.C. § 871(a) and transmitting a threat across state lines under § 875(c). The charge stems from a May 2025 Instagram post showing seashells arranged as “86 47,” a slang phrase meaning “to get rid of” and referencing President Donald Trump, the 47th president. Prosecutors claim a reasonable recipient would view the image as a threat. No court date is set.

Common Dreams

Comey was previously indicted in September for allegedly lying to Congress about the 2020 FBI Russia probe; a judge dismissed that case after finding the appointed prosecutor unlawfully installed. Trump fired Comey in 2017. The new indictment follows the administration’s claim that anti-Trump rhetoric fueled violence at the White House Correspondents’ Dinner. Primary actors are James Comey, Donald Trump, Acting AG Todd Blanche, FBI Director Kash Patel, NYU law professor Ryan Goodman, Senator Chris Van Hollen, lawyer Gregg Nunziata, and senior fellow Aaron Reichlin-Melnick.

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Blanche and Patel said the shell image “constitutes a serious threat” and defended the indictment despite lacking specific evidence. Comey said he deleted the post after learning some might view the numbers as threatening and reaffirmed his opposition to any violence. No court date has been set.

Common Dreams

Legal scholars call the indictment “laughably ludicrous” and a “political act masquerading as an indictment” (Goodman). Nunziata called it “legally deficient.” Van Hollen described the DOJ as a “personal attack dog, using taxpayer money to settle Trump’s petty grievances.” Reichlin-Melnick warned the administration is “at war with the First Amendment.” Counterman v. Colorado (2023) requires proof of subjective intent, undermining the DOJ’s “reasonable recipient” test.

Common Dreams

The indictment contains two counts, is the second federal charge against Comey in seven months, and includes a forfeiture notice for any proceeds from the alleged offense.

Above the Law

The DOJ’s “reasonable recipient” test conflicts with Counterman’s subjective-intent requirement, creating a legal inconsistency. No concrete evidence of an explicit threat beyond the shell image has been presented, and the court schedule remains unclear.

Above the Law

• “laughably ludicrous” — Ryan Goodman, NYU law professor

Common Dreams

• “personal attack dog, using taxpayer money to settle Trump's petty grievances.” — Chris Van Hollen, U.S. Senator (D-Md.)

Common Dreams

• “legally deficient” — Gregg Nunziata, conservative lawyer

Common Dreams

The DOJ is expected to seek an arrest warrant; Comey’s defense will likely invoke the Counterman standard. Observers anticipate further judicial review and possible dismissal, echoing the earlier September case.

Above the Law