The Justice Department has indicted former FBI Director James Comey over 2025 social media posts involving whistleblowers, the second attempt by the Trump administration to prosecute him.
The indictment alleges that an Instagram post he made last year, which read “86 47”, was actually a murder threat against Donald Trump.
The two-count indictment was unsealed in the U.S. District Court for the Eastern District of North Carolina. Count 1 for threatening the President of the United States carries a maximum sentence of five years in prison. Count 2, transmitting a threat through interstate commerce, also has a five-year statute of limitations.
Acting Attorney General Todd Blanch said it was unclear whether Comey would be arrested or allowed to surrender, stressing that threats against the president would not be tolerated.
Fitzpatrick said, “Mr. Comey vigorously denies the allegations contained in the indictment filed in the Eastern District of North Carolina. We will fight these allegations in court and look forward to vindicating Mr. Comey and the First Amendment.”
In May 2025, Comey posted an Instagram photo of seashells arranged to form the number ’86 47, with the caption: “Making spectacular seashells on my beach walk.”
The DOJ argues that a reasonable recipient would view it as intended to harm President Trump. ’86’ stands for removal or ouster while ’47’ refers to Trump’s status as the 47th president.
He deleted the post shortly afterwards, saying that it was a political message and that he was unaware of any connection between those numbers and the violence.
The indictment follows a separate case that also involves charges of lying to Congress and obstruction. That case was dismissed because prosecutor Lindsay Halligan was found to have been improperly appointed.
Comey has been in Donald Trump’s crosshairs since his firing in 2017; Recently Trump has used social media to publicly urge the DOJ to pursue charges against Comey and other critics.
Given the gravity of the situation, Senator Richard Durbin has condemned the impeachment, calling it a politically motivated attempt to please the President rather than a legitimate pursuit of justice.
“The Justice Department is rife with turmoil, with its political leadership clearly desperate to appease Donald Trump by appealing to his worst instincts and petty vendettas,” Durbin’s statement said. Like the previous baseless impeachment against Mr. Comey, this is yet another case of the Justice Department being attacked by a vindictive president.
Additionally, the second Comey indictment comes just days after a shooter attempted to attack the White House correspondents’ dinner, which President Trump was attending. The suspect was stopped and turned away by security before he could enter the ballroom.
