Former Federal Bureau of Investigation (FBI) Director James Comey Indicted Over Instagram Seashell Post

Federal prosecutors in the Eastern District of North Carolina have charged former FBI Director James Comey with transmitting a threat against President Donald Trump after he posted an Instagram photo of seashells arranged to read “86 47” on a North Carolina beach in May 2025. The indictment alleges the image constitutes a “true threat” transmitted in interstate commerce. Prosecutors say an objective viewer could interpret the numbers as a coded command to “kill President Trump.” “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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Comey served as FBI director from 2013 to 2017 and was dismissed by President Trump after the bureau’s investigation into Russian interference in the 2016 election. He has been a vocal critic of Trump. A September 2025 grand jury in Virginia indicted him for lying to the Senate Judiciary Committee; that case was dismissed in November 2025. The seashell indictment, filed in April 2026, is the second federal case against Comey in less than a year.

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• May 15, 2025 – Comey posts the seashell image on Instagram, captioned “86 47.”

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• April 2026 – Grand jury in North Carolina returns an indictment charging Comey with threatening the president and transmitting the threat across state lines.

The Guardian

• May 4, 2026 – DOJ holds a news conference in Washington, with Deputy Attorney General Todd Blanche present.

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• The Instagram post reached roughly 200,000 followers and was viewed by millions of secondary users, according to the indictment.

Al Jazeera (website)

• The indictment alleges Comey’s wife texted him a definition of “86” two minutes before the post, indicating awareness of the term’s non-violent usage.

The Guardian

• U.S. Attorney Boyle: “I looked into the matter upon assuming my position and made the decision without any influence from the Attorney General, much less the President.”

CNN

• Deputy Attorney General Todd Blanche denied that the Justice Department acted at the President’s direction, describing the indictment as a product of standard prosecutorial discretion.

CNN

• Comey’s defense team calls the indictment “vindictive and selective,” claiming the government misled magistrates and failed to produce evidence of intent.

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Comey’s lawyers argue the prosecution violates First-Amendment protections, asserting that “86 47” is a political slogan meaning “eject” and lacks a violent connotation. They note the timing of the post—days before the release of Comey’s novel *FDR Drive*—as evidence of a marketing motive.

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• Meaning of “86.” Prosecutors rely on a slang dictionary that includes a violent definition; defense experts cite Merriam-Webster and hospitality usage that restrict the term to non-violent contexts.

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• Intent of the post. The government says Comey knowingly used the numbers as a coded threat; Comey’s team maintains he found the shells incidentally and had no intent to threaten. No independent witness has corroborated either narrative.

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A pre-trial hearing is scheduled in the Eastern District of North Carolina later this year. The defense will seek dismissal on grounds of vindictive prosecution and lack of a “true threat” under federal law. The government indicated it will oppose any motion to suppress evidence obtained through FBI search warrants or to disclose grand-jury materials.

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