Full Breakdown
DOJ Defends Prosecution of Former Federal Bureau of Investigation (FBI) Director James Comey Over 86-47 Seashell Post
8/19/2026, 11:32:15 PM
Comey’s Seashell Post and Federal Indictment
In May 2025 former FBI Director James Comey posted an Instagram photograph of seashells arranged to read “86 47.” The Eastern District of North Carolina indicted him on two federal felony counts—threatening the President and transmitting that threat across state lines. The indictment, approved by a grand jury on April 28, claims a viewer could interpret the image as a call to “Kill President Trump.” The government frames the case as a “true threat” prosecution; Comey’s defense argues the post is protected political speech.
Background & Context
Prosecutors cite slang dictionaries that list “kill” as a definition of “86” and link the post to Comey’s upcoming crime-thriller FDR Drive, which features a protagonist inciting violence. The timing, weeks before the novel’s release, is presented as evidence of intent to generate publicity.
Official Statements & Responses
The Justice Department filing notes that senior DOJ leadership was not involved in the charging decision. Ellis Boyle, U.S. attorney for the Eastern District of North Carolina, acted independently after assuming his position. Todd Blanche, then acting attorney general, was notified only the day before the grand jury’s approval, in line with DOJ guidelines for high-profile cases. DOJ officials maintain that the President’s authority does not invalidate the indictment and that the case should be decided by a jury.
Criticism & Opposition
Comey’s lawyers describe the prosecution as “vindictive and selective,” alleging it is part of a broader campaign by President Donald Trump to punish critics. They contend the indictment was filed months after an unrelated case against Comey was dismissed and that the government has not produced evidence of intent to threaten. Defense filings allege investigators misled magistrate judges and concealed exculpatory information.
Data & Statistics
- Charges: Two federal felony counts.
- Grand jury approval: April 28.
- Instagram post: May 2025, later deleted.
- Followers: ~200,000 at the time of posting.
Conflicting Reports & Gaps
Prosecutors rely on a slang dictionary defining “86” as “kill,” while other outlets cite Merriam-Webster, which lists only non-violent meanings such as “to discard.” The government also references broader threats against President Trump, including a July 8, 2026 Iranian missile attack on Air Force One, which defense counsel says is irrelevant. No independent source has verified that Comey arranged the shells himself.
Timeline
- May 2025: Comey posts the seashell photograph.
- May 20 2025: Comey appears on *The Late Show with Stephen Colbert*, later referenced by the DOJ.
- April 28: Grand jury approves the indictment.
- August 2026: DOJ files a detailed response defending the prosecution.
- Early September 2026: Court sets a deadline for Comey’s response.
- Late September 2026: Hearing scheduled on motions to dismiss.
- October 2026: Trial slated to begin.
What’s Next
The court will consider Comey’s motion to dismiss the indictment in the coming weeks. If the case proceeds, a trial is expected in the fall, with the government indicating it will present additional evidence on the alleged threat and the novel’s relevance.
