Former FBI Director James Comey Indicted Again Over Seashell Social Media Post

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Overview

On April 28, 2026, a federal grand jury indicted former FBI Director James B. Comey on charges of threatening President Donald Trump. The indictment, filed in the Eastern District of North Carolina, marks the Trump administration's second attempt to prosecute one of its most prominent political adversaries.

Comey faces two counts: knowingly and willfully making a threat to take the life of, or inflict bodily harm upon, the president, and transmitting a threat in interstate commerce via Instagram. Each count carries a potential prison sentence of up to 10 years.

The Seashell Post and the Meaning of "86 47"

The charges stem from a photo Comey briefly posted to Instagram in May 2025. The image showed seashells arranged on a beach to form the numbers "86 47," with a caption that read: "Cool shell formation on my beach walk."

According to the indictment, prosecutors contend that "a reasonable recipient who is familiar with the circumstances would interpret" the arrangement "as a serious expression of an intent to do harm to the President of the United States."

The number "86" is rooted in 1930s American bar and restaurant slang, where it originally meant to cancel, remove, or discard something — including ejecting an unwanted patron. Over time, the term entered broader everyday usage. "47" refers to Trump's status as the 47th president of the United States. Together, "86 47" or "8647" has been widely adopted as a shorthand expression of political opposition to the Trump administration, appearing frequently in protest signage and online commentary.

Comey deleted the post shortly after it drew attention and wrote in a follow-up message: "I didn't realize some folks associate those numbers with violence. It never occurred to me but I oppose violence of any kind so I took the post down."

Statements from Both Sides

Acting Attorney General Todd Blanche held a press conference to announce the charges, stating: "You are not allowed to threaten the president of the United States of America." Blanche argued that Comey's post crossed the line from constitutionally protected speech into prosecutable threat territory, and confirmed that authorities had issued a warrant for Comey's arrest, adding that Comey was welcome to turn himself in.

Comey's attorney, Patrick Fitzgerald, issued a statement saying his client "vigorously denies the charges" and that the defense would "contest these charges in the courtroom" and "look forward to vindicating Mr. Comey and the First Amendment."

Comey responded in a video posted to his Substack account: "I'm still innocent. I'm still not afraid. And I still believe in the independent federal judiciary. So, let's go." He also added that the prosecution was "not who we are as a country" and "not what the Department of Justice is supposed to be."

Background: The First Indictment and Its Dismissal

This is not the first time the Trump Justice Department has moved against Comey. In late September 2025, he was indicted on charges of lying to Congress and obstructing a congressional proceeding, related to his 2020 Senate testimony about whether he had authorized bureau sources to speak anonymously with reporters. Comey pleaded not guilty.

That prosecution was led by Lindsey Halligan, a former insurance attorney who had previously served as one of Trump's personal lawyers. Halligan, who had no prior prosecutorial experience, was installed as acting U.S. attorney for the Eastern District of Virginia at Trump's direction after her predecessor reportedly declined to pursue charges against Comey and New York Attorney General Letitia James.

On November 24, 2025, U.S. District Judge Cameron McGowan Currie dismissed both the Comey and James indictments, ruling that Halligan's appointment was unlawful. The judge wrote that "all actions flowing from Ms. Halligan's defective appointment, including securing and signing Mr. Comey's indictment, were unlawful exercises of executive power and are hereby set aside." Career prosecutors in Halligan's office had reportedly recommended against charging Comey, believing there was insufficient evidence for conviction.

Legal Questions Around the New Charges

Legal analysts say the new indictment faces a significant legal hurdle. The Supreme Court held in 2023 that for a statement to constitute a "true threat," prosecutors must show the individual understood their message would be perceived as threatening. Comey has maintained he was unaware of any violent connotation.

The case may also carry broader First Amendment implications, given that "8647" has become a widely used protest slogan. Legal observers have pointed to comparable cases: Democratic Michigan Governor Gretchen Whitmer appeared during a 2020 TV interview with a figurine showing "86 45" in the background, and conservative commentator Jack Posobiec posted "86 46" on social media during the Biden presidency. Neither faced criminal prosecution.

Comey and Trump: A Long-Running Conflict

Comey was fired from his post as FBI director by Trump in May 2017, during Trump's first term. Trump has since repeatedly called for Comey's prosecution. In September 2025, Trump posted on social media that Comey, Letitia James, and California Senator Adam Schiff were "guilty as hell," and urged then-Attorney General Pam Bondi to act without delay — the same day Halligan was appointed. Bondi was later removed as attorney general, with Todd Blanche installed as her acting replacement.

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