James Comey Indicted for Instagram Post Threat
A federal grand jury indicted former FBI Director James Comey on charges related to an Instagram post depicting '86 47' in seashells, alleged to threaten President Trump. Comey surrendered to authorities and appeared in court without entering a plea. The case follows a dismissed prior indictment and draws from Trump's public calls for action against perceived foes.
DonkeyHotey / Wikimedia (CC BY 2.0)A federal grand jury in North Carolina indicted former FBI Director James Comey on Tuesday on charges of making threats against the president and successors, and transmitting a threat in interstate commerce. The charges stem from a since-deleted Instagram post showing the numbers '86 47' arranged in seashells on a North Carolina beach.
Post by @ABC on X
Prosecutors allege the post constitutes a threat that a reasonable recipient familiar with the circumstances would interpret as a serious expression of intent to harm President Trump.
Comey surrendered to police on Wednesday and made an initial court appearance in the Eastern District of Virginia. He did not enter a plea during the appearance, where he was flanked by attorneys Jessica Carmichael and Patrick Fitzgerald. The court allowed Comey to leave without conditions for his release.
President Trump addressed the indictment in the Oval Office on Wednesday, stating, 'Probably. I don't know. You know, based on, based on what I'm seeing out there, yeah. Trump further explained, 'If anybody knows anything about, crime, they know 86 ...
It's a mob term for kill him, you know. Do you ever see the movies? '86 him,' the mobster says to one of his wonderful associates. The number '47' in the post refers to Donald Trump as the 47th president of the United States.
Comey posted a video to his Substack on Tuesday after the charges were announced, saying, 'This won’t be the end of it. But nothing has changed. I’m still innocent; I’m still not afraid. In a statement last year, Comey said, 'My family and I have known for years that there are costs to standing up to Donald Trump, but we couldn’t imagine ourselves living any other way.
Secret Service agents investigated Comey for the post in May of last year. The Justice Department also investigated Comey on separate charges of lying to Congress, which a judge dismissed after ruling that the Trump appointee running the case was appointed illegally. S.
Senate Judiciary Committee in 2020, was dismissed in November. Comey's attorneys plan to file a motion accusing the Justice Department of selectively and vindictively prosecuting him. The current charges were brought in the Eastern District of Virginia, where high-level officials exited the office last year.
Comey's initial indictment last year followed President Trump’s public demand for the Department of Justice to take action against him, Sen. Adam Schiff, and New York Attorney General Letitia James. Letitia James prosecuted the Trump Organization for fraud.
Trump posted on Truth Social in September of 2025, urging Pam Bondi to begin issuing indictments, stating, 'Pam: I have reviewed over 30 statements and posts saying that, ‘same old story as last time, all talk, no action. Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, Leticia???
Key Facts
Story Timeline
6 events- 2026-04-29
Comey made an initial court appearance after self-surrendering in the Eastern District of Virginia.
2 sources@ABC · The Independent - 2026-04-28
A federal grand jury in North Carolina indicted Comey on charges related to the social media post.
2 sources@ABC · The Independent - 2025-11
Previous indictment against Comey for lying to Congress was dismissed.
2 sources@ABC · The Independent - 2025-09
Trump posted on Truth Social urging indictments against Comey, Schiff, and James.
1 sourceThe Independent - 2025-05
Secret Service agents investigated Comey for the Instagram post.
1 sourceThe Independent - 2020
Comey testified before the U.S. Senate Judiciary Committee, leading to later dismissed charges.
1 source@ABC
Potential Impact
- 01
Broader implications for prosecutions of Trump's perceived political foes.
- 02
Further resignations or changes at the Eastern District of Virginia office.
- 03
Motion for selective prosecution could delay or dismiss the case.
- 04
Public debate on the meaning of '86' may influence jury perceptions.
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