Former FBI Director James Comey Indicted Over Instagram Seashell Post

In April 2026 a grand jury in the Eastern District of North Carolina returned a two-count felony indictment against former FBI Director James Comey. The charges allege that on May 15, 2025 Comey “knowingly and willingly” posted an Instagram photograph of seashells arranged to read “86 47,” a message prosecutors contend constitutes a “true threat” to President Donald Trump’s life. Comey has pleaded not guilty and argues the post is protected speech.

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The indictment follows a prior 2025 prosecution in Virginia accusing Comey of lying to Congress; that case was dismissed after a judge found the appointing U.S. attorney improperly selected. The current case arises amid a long-standing feud between Comey and Trump, who dismissed Comey as FBI director in 2017 after the former oversaw the investigation into Russian interference in the 2016 election. Prosecutors emphasize the timing of the Instagram post—days before the release of Comey’s crime novel *FDR Drive*.

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• Prosecutors note that online retailers list more than 200,000 items bearing the “86 47” motif.

NBC News

• A slang dictionary (Cassell’s Dictionary of Slang, 2nd Edition) defines “86” as “to kill”; major dictionaries such as Merriam-Webster list only “to throw out” or “to get rid of.”

NBC News

• U.S. Attorney Ellis Boyle filed an affidavit stating he acted independently, saying, “I made that determination individually” and denying any pressure from the Attorney General or the President.

CNN

• Deputy Attorney General Todd Blanche was reportedly unaware of the indictment until the day before it was presented to the grand jury.

CNN

• “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, vengeful president

CNN

• The filing asserts that an “objective viewer” would read the post as a call to “kill President Trump,” yet the defense highlights the absence of any comparable precedent where “86 47” was treated as a threat.

The Guardian

• No public evidence has been released showing that Comey intended the numbers as a coded threat, and investigators have found no indication that another party arranged the shells.

Donald Trump’s DOJ Says There’s No ‘Serious Dispute’ in James Comey 8647 Case

• The indictment does not disclose the specific evidence the government plans to present at trial, leaving the factual basis of the “true threat” claim unclear.

The Hill

The indictment sets a trial date for October 2026. Both sides are expected to file pre-trial motions, and the defense will likely continue to challenge the sufficiency of the “true threat” theory.

The Hill