Former FBI Director James Comey Indicted Again Over Instagram Post

Former FBI Director James Comey was indicted Tuesday by a federal grand jury in the Eastern District of North Carolina on charges related to an Instagram post he shared last year. The indictment accuses Comey of knowingly and willfully making a threat to take the life of, and inflict bodily harm on, then-President Donald Trump, as well as transmitting that threat via interstate commerce.

The charges stem from a photo Comey posted on Instagram showing seashells arranged to form the numbers “86 47.” According to the indictment, a reasonable person familiar with the circumstances would interpret the image as a serious expression of intent to harm the president. The numbers “86 47” were interpreted by some Trump supporters as a call to “eject” the 47th president, a reference to Trump himself. Comey deleted the photo shortly after posting it, stating he did not intend any violence and opposed violence of any kind.

Acting Attorney General Todd Blanche said at a press conference, “Threatening the life of anybody is dangerous and potentially a crime. Threatening the life of the president of the United States will never be tolerated by the Department of Justice.” Blanche added that the investigation has been ongoing for about a year and emphasized that the case is treated like any other threat against the president, regardless of the individual’s status.

Comey responded to the indictment in a video posted to Substack, saying, “This is not who we are as a country. This is not what the Department of Justice is supposed to be. I’m still innocent, I’m still not afraid and I still believe in the independent federal judiciary. So, let’s go.” His attorney, Patrick Fitzgerald, stated that Comey “vigorously denies the charges” and plans to contest them in court, asserting a defense grounded in the First Amendment.

The indictment was signed by Assistant U.S. Attorney Matthew Petracca and assigned to Judge Louise Wood Flanagan. A warrant for Comey’s arrest was also issued.

This is the second time Comey has faced federal prosecution under the Trump administration’s Justice Department. In September, he was indicted on charges of lying to Congress and obstructing a congressional proceeding related to his 2020 testimony. That case was dismissed in November after a judge ruled that the prosecutor who secured the indictment had been unlawfully appointed. The Justice Department has appealed that decision.

The Instagram post had previously drawn significant attention. Secret Service agents interviewed Comey last May, and the agency monitored his location during a family vacation following the post. Then-Homeland Security Secretary Kristi Noem said at the time that Comey had “just called for the assassination” of the president and that the Secret Service would investigate and respond appropriately.

The new indictment comes amid leadership changes at the Justice Department. Todd Blanche, formerly a deputy attorney general and President Trump’s personal lawyer, is now acting attorney general after Pam Bondi was ousted earlier this month. Bondi’s removal was reportedly linked to dissatisfaction with the pace of investigations and indictments against Trump’s perceived political adversaries.

U.S. Attorney W. Ellis Boyle emphasized that Comey will receive “every form of due process” afforded to all citizens, stating, “In the Eastern District of North Carolina, it doesn’t matter who you are. We take all threats cases seriously and prosecute anyone who violates federal law, regardless of title or status.”