Story perspectives

Acting AG Indicts Comey Over Instagram Threat to Trump

5/3/2026

Summary

Comey Threat Indictment

Acting Attorney General Todd Blanche announced a second indictment of FBI Director James Comey for allegedly threatening President Donald Trump.
The two-count indictment accuses Comey of threatening Trump’s life and transmitting the threat in interstate commerce, citing a May Instagram post that arranged seashells as “86 47.”
Comey deleted the post, said he opposes all violence, and in a Substack video declared his innocence and confidence in the independent federal judiciary.

Summary

Trump Posts Threat

President Donald Trump posted on Truth Social that “86” means “kill him,” heightening debate.
Joe Rogan (podcast host, 2024 Trump supporter) called the indictment “nuts” and said “86” is restaurant slang for “remove.”
Legal experts warn the case could set a precedent for treating slang as criminal threats, raising First Amendment concerns.
Comey's legal team says the Instagram post is protected speech while White House has not responded.

History

Historical Context

In 1969 the Supreme Court’s 7-2 decision in Brandenburg v. Ohio established the “imminent lawless action” test, allowing prosecution only when speech intends and is likely to cause immediate illegal conduct. Cited later in the 1973 Hess case, the test now frames Todd Blanche’s indictment of former FBI director James Comey over an Instagram “86 47” post, questioning whether slang meets that standard.

1 of 3

Comey Threat Indictment

Acting Attorney General Todd Blanche announced a second indictment of FBI Director James Comey for allegedly threatening President Donald Trump.
The two-count indictment accuses Comey of threatening Trump’s life and transmitting the threat in interstate commerce, citing a May Instagram post that arranged seashells as “86 47.”
Comey deleted the post, said he opposes all violence, and in a Substack video declared his innocence and confidence in the independent federal judiciary.

1 / 3