DOJ Indicts James Comey on Felony Charges Linked to '86 47' Post

U.S. Department of Justice indicted former FBI Director James Comey on two felony counts Tuesday in connection with a May 2025 Instagram post depicting seashells arranged on a North Carolina beach to form '86 47'. Comey deleted the post, apologized, and stated he did not know the expression implied violence and condemned such acts.

He has denied wrongdoing and asserted his innocence. A previous criminal case against Comey in Virginia was dismissed last year. Acting Attorney General Todd Blanche, appearing on NBC’s Meet the Press on Sunday, stated that the indictment relied on more than the post alone.

'Rest assured that it’s not just the Instagram post that leads somebody to get indicted,' Blanche said. Blanche also stated that career prosecutors, FBI agents, and Secret Service agents investigated the case. However, experienced lawyers left the investigation earlier, according to Bloomberg Law.

The case is overseen by W. S. attorney for the eastern district of North Carolina, a former New Jersey city councilman whose main prosecutorial experience involves Medicaid fraud cases.

Boyle had not served as a prosecutor before his appointment last year. The term '86' means to throw out, get rid of, or refuse service, with roots in 1930s restaurant industry slang, according to Merriam-Webster. Critics interpreted Comey's post as a threat against President Trump, amid three assassination attempts on him, including one at the White House Correspondents’ dinner.

The image was shared by thousands on social media. Republican Sen. Thom Tillis of North Carolina, appearing on CNN’s State of the Union on Sunday, stated that posting '86 47' is not a crime. 'I used to work in the restaurant industry, and I think ’86’ actually has its roots as a cook.

It has its roots at ’86ing’ the menu or ’86ing’ the product,' Tillis said. He added, 'If this whole case is based on a picture in the sand of a North Carolina beach, it again makes no sense to me. It better be more than just the picture.

Democratic Sen. Adam Schiff of California, speaking on NBC’s Meet the Press on Sunday, described the case as weak. 'I was a prosecutor for almost six years; I never saw such a weak case,' Schiff said to host Kristen Welker.

'I think, Kristen, in the future in the Department of Justice, if anyone ever suggests bringing a case this week, they’ll be a new name for it. ’' The Trump-led Justice Department has investigated Schiff over mortgage fraud allegations but has not indicted him. Blanche stated that any attempt to threaten or harm a president would be investigated by the Justice Department and FBI.

He added that others posting '86 47' messages would not face charges like Comey, noting such posts occur constantly, according to The New York Times. Separately, Blanche addressed the department's actions on January 6, 2021, Capitol attack convictions during his Meet the Press appearance.

Last month, the Justice Department under Blanche filed a motion to vacate seditious conspiracy convictions of Oath Keepers and Proud Boys members involved in the attack.

S. S. attorneys Chrisellen Kolb and Daniel Lenerz, stated in a court filing that the decision was made in the interests of justice.

On his first day back in office in 2025, President Trump commuted the sentences of Oath Keepers leader Stewart Rhodes, Kelly Meggs, Kenneth Harrelson, and Jessica Watkins. Tillis, a member of the Senate Judiciary Committee, left open the possibility of opposing Blanche's nomination to the full attorney general post if nominated.

President Trump has not nominated Blanche, who has led the department since Trump dismissed former Attorney General Pam Bondi last month.

Tillis stated he has had positive interactions with Blanche but emphasized his opposition to leniency for violent actions on January 6 is not situational. S. attorney for the District of Columbia and Joe Kent as director of the National Counterterrorism Center, both of whom have taken softer stances on January 6 events.

'If I go back and I examine any nominee's record, Mr. Blanche just being one of them, then I'm going to make the same decision that I made with Ed Martin and with Joe Kent,' Tillis told CNN host Jake Tapper. S.

Attorneys out in other states that my members have asked me to clear. C. Tillis described the January 6 events as personal. 'It's very personal to me. For people who sat in the comfort of their living room and watched the events of January the 6th, they weren't there.

They weren't in the chamber. They didn't see the police officers that were injured. They didn't see the damage to the building. There is no excuse for that,' he said. The indictment follows public discourse on related issues, including comedian Jimmy Kimmel's joke at the White House Correspondents’ dinner about First Lady Melania Trump appearing as an 'expectant widow,' which ABC supported.

Letters to the New York Post reflected divided opinions on Comey's charges and the joke, with some viewing the prosecution as accountability and others as baseless.