Former FBI Director James Comey has been indicted again by the Department of Justice, as reported by various sources. This time, the charges seem to stem from a photo he posted on Instagram in May 2025, depicting an “86 47” shell on a beach.
The indictment accuses Comey of “knowingly threatening to take the life or inflict bodily harm on the President of the United States, as well as intentionally transmitting threats to kill President Donald Trump across state lines.” These charges, made public by the Justice Department on Tuesday, could lead to up to 10 years in prison. This development followed significant backlash from Republicans and officials from the Trump administration, who interpreted Comey’s posts as threats.
Acting U.S. Attorney Todd Blanche remarked at a press conference, “Threatening someone’s life is serious, and any act that poses a potential threat to the President of the United States will not be tolerated by the Department of Justice.” He did not delve deeply into the specifics of the case but emphasized its unique nature.
In an interesting note, the slang term “86” typically means to eliminate or cancel something. At the same time, Mr. Trump is the 47th president, which adds another layer to the situation.
The indictment claims a reasonable person would see the images as a serious threat to the president’s safety. It also includes a notice of forfeiture, indicating that if found guilty, Comey would have to surrender any property gained from his supposed illegal activities.
An arrest warrant has been issued, and Blanche mentioned that he anticipates discussions with Comey’s legal team soon. The case will be overseen by U.S. District Judge Louise Wood Flanagan.
In a video response, Comey addressed the indictment, saying, “Yeah, they’re back, and this time it’s about a photo of a seashell I took on a beach in North Carolina a year ago.” He affirmed his innocence, expressing his faith in an independent judiciary, and insisted on the importance of upholding justice.
Comey further emphasized, “This is not what the Department of Justice should represent,” indicating that he believes values should be restored.
His attorney, Patrick Fitzgerald, stated that Comey strongly denies the charges and looks forward to fighting them in court, linking it to First Amendment rights. Comey has maintained that his initial photo was mistakenly perceived as a political statement and deleted it the same day. He further explained that he didn’t think anyone would connect those numbers to violence and that he is firmly against such actions.
Following the photo post, Comey reportedly faced questioning from the U.S. Secret Service while he was serving as the Director of National Intelligence. In an interview, Trump dismissed Comey’s explanations, asserting that, as FBI Director, he should have known the implications of his actions.
House Judiciary Leader Jamie Raskin expressed concern about the Justice Department’s actions, likening Comey’s case to broader conversations around free speech and criticism of political rivals. He questioned the legitimacy of the charges given their basis.
This indictment was issued shortly after a federal judge in New York allowed a separate lawsuit from Comey’s daughter, Maureen, against the Justice Department to proceed. She is claiming wrongful termination related to her father’s position.
Comey was initially removed from his post by President Trump in 2017 over the handling of the Russia investigation and has been a vocal critic of the administration since. His previous indictment in September 2025, concerning allegations of lying to Congress, was dismissed due to procedural issues in the case.
Blanche has previously discussed the president’s right to influence federal investigations, stating that many such inquiries involve individuals connected to political conflicts with Trump. He firmly rejected claims that the Justice Department was improperly targeting political adversaries.
Earlier this month, the Department of Justice’s Weaponization Task Force release a report accusing the Biden administration of similar abuses.
