Former FBI Director James Comey Indicted on Charges Related to 2025 Instagram Post

Former FBI Director James Comey was indicted on two federal charges in connection with a 2025 Instagram post, according to court documents unsealed in North Carolina. The post showed a photo of seashells arranged on a beach to form the numbers "86 47," accompanied by a caption that read "cool shell formation," per the indictment filed in the Eastern District of Virginia.

Prosecutors stated in the charging document that "86" is slang for getting rid of something and that "47" refers to Donald Trump as the 47th president, alleging the combination conveyed a threat against the president. The charges include making threats against the president and transmitting a threat in interstate commerce.

Comey deleted the post after being notified of its potential interpretation, as noted in his statement to authorities.

Comey self-surrendered and appeared in federal court in the Eastern District of Virginia on April 29, 2026, according to court records and statements from his legal team. He did not enter a plea during the initial hearing and was released without conditions.

Accompanied by attorneys Jessica Carmichael and Patrick Fitzgerald, Comey confirmed he understood the charges. His attorneys indicated they plan to file a motion claiming selective and vindictive prosecution by the Justice Department, and they requested the preservation of relevant government materials and public statements.

The case is assigned to U.S. District Judge [name not specified in available sources]. No trial date has been set as of the indictment's unsealing.

" He further asserted that "86 47" meant "kill President Trump" and called Comey a "dirty cop" who lied to the FBI about the post. " He referenced movies depicting mobsters using "86" to order killings. Trump had fired Comey during his first term and previously urged the Department of Justice to prosecute him.

The indictment follows a third assassination attempt on Trump at the White House Correspondents' Association dinner on April 25, 2026, at the Washington Hilton, where the suspect's manifesto, obtained by police, indicated intent to target Trump and administration officials.

Restaurant workers provided context on the term "86" in interviews with NBC News. " David Brungoli, owner of Pavin 86 in New York City, described the threat interpretation as "ridiculous," noting its common use in restaurants to mean an item is unavailable.

" Zach Jensen from the Mob Museum in Las Vegas stated that while some associate it with murder in mob lore, such as "8 miles out and 6 feet under," it lacks documented ties to organized crime and is mainly metaphorical.

Other instances of "86" usage were noted in public contexts. Democratic Michigan Gov. Gretchen Whitmer displayed "86 45" during a 2020 interview, referring to then-President Trump as the 45th president. Conservative commentator Jack Posobiec posted "86 46" during Joe Biden's presidency, referring to him as the 46th president.

Prosecutors must prove that Comey knew the post would be interpreted as a threat, according to a 2023 Supreme Court ruling in Counterman v. Colorado, which requires evidence of subjective understanding for true threats. The case is Comey's second indictment; a prior 2025 case involving false statements and obstruction related to 2020 congressional testimony was dismissed due to issues with the prosecutor's appointment.

The current prosecution is under Acting Attorney General Todd Blanche, who assumed the role after Trump removed Pam Bondi. Rep. Troy Nehls (R-Texas) described the indictment as "a stretch" in a statement. Law professor Jonathan Turley wrote in an opinion piece that it was "facially unconstitutional" without additional facts.

Reason magazine characterized the case as an example of vindictive prosecution, citing Comey's history of public criticism from Trump. The U.S. government has not publicly released evidence documenting Comey's intent beyond the post's content and slang interpretation.

No public comments from Comey's former FBI colleagues on the indictment were reported as of April 29, 2026.