Acting Attorney General Todd Blanch in a social media post on Sunday announced the Justice Department’s decision to indict former FBI Director James B. Comey sought to compare the indictment to other instances in which people have shared the same messages, saying the department has gathered additional evidence during the 11-month investigation.
Mr Comey was indicted last week over a photo he posted on Instagram in May 2025 of shells on a beach with the text “86 47”, which the department said was a threat to the president. The charge was the second attempt by the Justice Department under President Trump to prosecute Mr. Comey and the latest effort by the department to pursue charges against alleged enemies of the president.
Asked on NBC’s “Meet the Press” whether others who bought or sold T-shirts displaying the same number, or with the same message, would face similar prosecution, Mr. Blanch said, no.
The “86 47” messages, “are constantly posted – that phrase is used constantly,” Mr. Blanch said. He added, “Not every one of those statements will result in an indictment.” He argued that what makes Mr. Comey’s case different is the other evidence collected, which he said he could not describe.
“Certainly the allegations are part of that case,” said Mr. Blanch, who acknowledged that proving Mr. Comey’s intent would be important to his prosecution. “You prove intent with witnesses; you prove intent with documents,” he said, adding that there was a “mass of evidence” that led to Mr. Comey’s indictment. The three-page indictment unsealed Tuesday focused solely on the Seashell post.
Mr Comey has insisted he is innocent and will fight the charges. He has said that he has not associated the phrase “86” with violence, and has pointed to its origins in the restaurant business, where it has been used for decades to remove something from the menu or to eject an unruly customer.
California Democrat Senator Adam B. Schiff later appeared on the show and said that there was only one thing that distinguished Mr. Comey’s case from other examples of people using the phrase: “The fact that James Comey is a political opponent of the President; the fact that the President has called for him to be prosecuted; the fact that Todd Blanche wants to keep his job.”
Mr. Schiff called the charges against Mr. Comey “grossly illegitimate” and said he hoped the case would settle out of court before going to a jury.
