DOJ Defends James Comey Threat Prosecution Over “86 47” Seashell Post

The Justice Department has renewed its defense of the federal indictment against former FBI Director James Comey for two felony counts of threatening the President and transmitting a threat across state lines. The filing links the Instagram photograph—taken in May 2025 on a North Carolina beach and showing seashells arranged as “86 47”—to a “coded message” that could be read as a call to kill the 47th president. The government argues that “86” means “to kill” in slang dictionaries and that “47” is widely understood to refer to President Donald Trump.

The Guardian

Comey was first indicted in April 2025 after a North Carolina grand jury approved the charge. The indictment follows a prior prosecution in Virginia that was dismissed in November 2025 after a judge ruled the appointed U.S. attorney lacked authority. This is the second time the Trump administration has charged Comey, this time for conduct on social media.

The Epoch Times

• May 2025 – Comey posts the seashell photo on Instagram while on vacation in North Carolina; he later deletes it.

Forbes

• Late April 2025 – A grand jury returns a true-bill indictment on the threat charges.

The Epoch Times

• Mid-August 2025 – The Justice Department files a brief defending the prosecution and asserting the “objective viewer” standard.

The Epoch Times

• Early September 2025 – Comey’s lawyers are ordered to file a response.

CNBC

• Late September 2025 – A district judge will consider whether to allow the case to proceed.

The Epoch Times

• Early October 2025 – If the case moves forward, an arraignment is set for the end of the month, with a trial slated for later that month.

The Epoch Times

• James Comey – Former FBI director.

CNBC

• W. Ellis Boyle – U.S. Attorney for the Eastern District of North Carolina, who filed the government brief.

The Epoch Times

• Todd Blanche – Acting Attorney General at the time of the indictment.

The Epoch Times

• “No one ordered, directed, or pressured me or my office to continue the investigation,” said U.S. Attorney Boyle in an affidavit.

Washington Examiner

• Comey’s defense calls the indictment “vindictive and selective,” arguing that “86 47” is a known political slogan and that “no reasonable observer would understand” it as a violent threat.

The Hill

Comey’s attorneys say the prosecution is motivated by the president’s animosity toward the former FBI chief. They also note open-source and AI searches that found limited evidence of “86” being used to mean “kill” among law-enforcement professionals.

CNBC

Sources differ on how often “86” is defined as “kill.” The DOJ cites a slang dictionary listing that meaning; Comey’s lawyers cite industry usage where “86” means “remove” or “out of stock.” No court has yet ruled which definition should govern the threat analysis.

The Guardian

The district court will decide by early September whether to allow the indictment to proceed. If it does, an arraignment is expected in late September and a trial in October. The Fourth Circuit’s upcoming arguments on the earlier dismissed indictment may also influence procedural considerations.

The Epoch Times