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

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.