Story perspectives

Justice Department Charges James Comey Over Instagram Threat

8/23/2026

Summary

Story summary

The Justice Department charged former FBI Director James Comey with threatening President Donald Trump via a May 15, 2025 Instagram post.
Prosecutors say the Instagram post connects to Comey’s novel “FDR Drive,” demonstrating intent to incite violence.
Comey’s lawyers contend “86 47” is a longstanding political slogan meaning “remove” the president, not a violent threat.
PEN America’s legal director Mara Gassmann called the DOJ’s use of the novel a “desperate Hail Mary” that endangers free speech.

History

Historical Context

1971’s 6-3 Supreme Court ruling in New York Times Co. v. United States rejected the government’s attempt at prior restraint on the Pentagon Papers, affirming the First Amendment’s heavy presumption against censorship. Decades later, the Justice Department’s indictment of former FBI Director James Comey for an Instagram post revives the same clash between governmental authority and protected political expression.

1 of 2

Story summary

The Justice Department charged former FBI Director James Comey with threatening President Donald Trump via a May 15, 2025 Instagram post.
Prosecutors say the Instagram post connects to Comey’s novel “FDR Drive,” demonstrating intent to incite violence.
Comey’s lawyers contend “86 47” is a longstanding political slogan meaning “remove” the president, not a violent threat.
PEN America’s legal director Mara Gassmann called the DOJ’s use of the novel a “desperate Hail Mary” that endangers free speech.

1 / 2