Comey Testifies in Trump Threat Case

Prosecutors allege that a photo he posted on Instagram in May 2025, showing seashells arranged to form '86 47,' represented a call to assassinate Trump, the 47th president, with '86' slang for removing or ejecting someone. Comey did not enter a plea during the hearing.

Federal Magistrate Judge William E. Fitzpatrick read the charges and denied the Justice Department's request for release conditions, stating they were unnecessary. Comey, dressed in a blue suit and light blue shirt, was represented by attorneys Patrick Fitzgerald and Jessica Carmichael, and he nodded as his rights were read before smiling at his family upon leaving the courtroom.

The charges include one count of threatening to take the life of or inflict bodily harm on the president and another for transmitting such a threat in interstate commerce. Each carries a maximum penalty of five years in prison or a fine, or both. The indictment specifies that a reasonable recipient familiar with the circumstances would interpret the seashell arrangement as a serious expression of intent to harm President Trump.

Comey posted the image on May 15, 2025, during a vacation in North Carolina, captioning it as a 'cool shell formation' from a beach walk. After backlash from Trump supporters, he deleted it less than a day later and explained in a follow-up post that he assumed it was a political message, unaware of associations with violence, and opposed any form of violence.

“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.”

This is Comey's second federal indictment in less than a year. In September 2025, he was charged with lying to Congress and obstructing a congressional proceeding related to his 2020 testimony about authorizing an anonymous source in news reports on an investigation of Hillary Clinton's emails.

That case was dismissed in November 2025 by US District Judge Cameron Currie, who ruled that prosecutor Lindsey Halligan's appointment was invalid. Fitzpatrick, the same magistrate who handled the initial hearing in the prior case, referenced that history in denying release conditions, noting they were not necessary last time.

Comey pleaded not guilty in the earlier case before its dismissal. FBI Director Kash Patel announced the current charges at a Tuesday press conference, stating the FBI had investigated for nine to 11 months. The three-page indictment relies primarily on the photo and claims of intent, without additional detailed evidence cited.

After the indictment was unsealed in the US District Court for the Eastern District of North Carolina, Comey stated in a Substack video that he remained innocent and believed in the independent federal judiciary. Attorney General Todd Blanche defended the charges on Wednesday, telling CBS News they were serious and not politically motivated, emphasizing that threatening the president is unacceptable.

“Of course, it's serious when you threaten the President of the United States. Anybody that tries to put forward some narrative that this is just about seashells, or something to the contrary is missing the point." — Attorney General Todd Blanche, statement to CBS News, April 29, 2026 (BBC). CBS News legal contributor Jessica Levinson described the charges as unusual, based on symbolic speech via seashells, and noted a high bar for prosecution under First Amendment protections. She referenced a 2023 Supreme Court ruling requiring proof that the speaker consciously disregarded a significant risk of harm. Republican Senator Thom Tillis expressed doubt about the case's strength, hoping for more evidence beyond the photo to avoid setting a low bar. Comey's attorneys indicated they would argue the prosecution is vindictive, tied to his criticism of Trump. The case will be prosecuted in North Carolina, with the initial hearing in Virginia due to proximity to Comey's home.”

highlighted recent security incidents, such as an attack at the White House Correspondents Association Dinner on Saturday, where a man charged toward the ballroom before being stopped by US Secret Service. Blanche linked this to the seriousness of threats against the president.

Comey, fired by Trump in 2017 during an investigation into Russian contacts with Trump's 2016 campaign, has been a vocal critic. The indictment notes the post was transmitted publicly on Instagram, constituting interstate commerce. Legal experts point to the need for the government to prove intent, given Comey's prompt removal of the post and denial of violent associations.

The case raises questions about interpreting symbolic expressions as true threats under federal law.