DOJ Defends Indictment of Former FBI Director James Comey Over Instagram Seashell Post

In April 2026 a grand jury in the Eastern District of North Carolina indicted former FBI Director James Comey for transmitting a “true threat” against President Donald Trump. Prosecutors say the threat derived from an Instagram photo posted in May 2025 that showed seashells arranged to read “8647.” The number “86” is slang for “to get rid of,” and “47” corresponds to Trump’s position as the 47th president. Comey denies the image constitutes a threat and his lawyers argue the charge violates protected speech.

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The seashell image was posted in May 2025 and drew criticism from Trump supporters who interpreted it as a coded call to kill the president. The indictment follows a 2025 Virginia case alleging Comey lied to Congress; that case was dismissed after a judge found procedural problems.

The Guardian

• May 2025 – Comey’s Instagram post of seashells reading “8647” is shared and later removed.

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• April 2026 – Grand jury in North Carolina indicts Comey on charges of transmitting a threat against the president.

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• May 15 2025 – Prosecutors cite an excerpt from Comey’s fiction novel describing a “charismatic leader” posting a coded message to “kill” or “get rid of” President Trump.

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• July 8 2026 – Prosecutors reference a recent Iranian missile attack on Air Force One as part of a broader pattern of threats against Trump.

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The Justice Department filed a document stating senior leadership did not influence the decision to charge Comey. It notes Ellis Boyle, U.S. attorney for Eastern North Carolina, acted independently after assuming his position. The filing adds that Attorney General Todd Blanche (deputy attorney general at the time) and FBI Director Kash Patel publicly supported the indictment on the day it was announced.

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Prosecutors argue that “86 47” is understood as a threat by slang dictionaries and that an objective viewer could read the post as a call to “kill President Trump.” They also contend that any alleged direction from the president would be a normal exercise of executive authority, not a violation of the constitutional separation of powers.

The Guardian

Comey’s legal team calls the indictment “vindictive and selective prosecution” driven by President Trump’s “deep-seated animosity.” They argue the phrase lacks a violent meaning in ordinary usage and that no reasonable observer would interpret the post as a threat, making the charge an infringement on protected speech.

The Guardian

• Interpretation of “86 47.” The Justice Department claims there is “no serious dispute” that an objective viewer would see the image as a threat, while Comey’s lawyers cite dictionary definitions suggesting otherwise.

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• Role of senior officials. The filing emphasizes that neither Attorney General Blanche nor President Trump directed the indictment, yet the timing—just before a grand jury vote—has raised questions about possible informal influence.

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• Connection to broader threats. Prosecutors mention the July 8 2026 Iranian missile attack on Air Force One to illustrate a climate of threats against Trump, but the relevance of that foreign attack to Comey’s Instagram post remains unexplained.

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• “U.S. Attorney Boyle looked into the matter upon assuming his position and made the decision without any influence from the Attorney General, much less the President, whatsoever.” — Still

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These sections synthesize the filings, statements, and legal arguments surrounding the indictment of James Comey for an Instagram seashell post interpreted by prosecutors as a threat against President Donald Trump.

The Guardian