James Comey Surrenders After Indictment on Threats Against Trump

Former FBI Director James Comey surrendered to federal authorities in Washington, D.C., on Friday, following his indictment on charges of threatening President Trump. The case centers on a 2025 Instagram post showing seashells arranged to spell '86 47,' which prosecutors allege was a coded threat against the president.

Comey entered a not guilty plea during his initial court appearance. Multiple sources confirmed Comey self-surrendered without incident and was processed by law enforcement. The indictment includes two felony counts: one for threatening the president and another for transmitting such a threat across state lines.

Prosecutors stated the post could be reasonably interpreted as a serious intent to harm.

Comey deleted the post and apologized, stating he did not associate the numbers with violence. Comey agreed to an interview with the Secret Service after the post. Law enforcement reportedly surveilled him upon his return home. FBI Director Kash Patel announced the indictment, noting the investigation lasted 9 to 11 months.

“I didn't realize some folks associate those numbers with violence.”

Legal experts have questioned the case's strength.

UCLA School of Law professor Eugene Volokh stated the prosecution is unjustified and likely to be dismissed on First Amendment grounds, citing the Supreme Court's 2023 Counterman v. Colorado ruling requiring proof of conscious disregard for the risk of perceived threats.

The Foundation for Individual Rights and Expression described the idea that the seashell photo conveyed serious intent to harm as ridiculous. A former FBI special agent told Fox News the charges hinge on evidence of intent and jury interpretation, adding a conviction is possible but hard to prove.

This marks the second indictment against Comey in under a year. In September 2025, he faced charges of lying to Congress, which a federal judge dismissed due to an improperly appointed prosecutor. That case followed a social media post by President Trump criticizing lack of action against Comey and others.

The indictment alleges Comey violated federal statutes by knowingly making and transmitting a threat. Restaurant workers described '86' as everyday lingo for running out of an item, not implying violence. Merriam-Webster defines '86' as to eject or dismiss, noting violent connotations are recent and sparse.

Several Trump allies, including former Rep. Matt Gaetz and influencer Jack Posobiec, have used '86' regarding political opponents without facing prosecution. Comey has argued the case represents vindictive prosecution, pointing to public statements by President Trump demanding action against him.

The earlier lying-to-Congress case came shortly before the statute of limitations expired.

The case raises questions about selective enforcement, as similar uses of slang by others have not led to charges. A federal judge in the prior case dismissed charges not on vindictive grounds but due to procedural issues with the prosecutor's appointment.

President Trump commented on the indictment on Wednesday, according to ABC. The Justice Department has not responded to claims of political motivation. Comey's legal team is expected to challenge the charges on free speech and selective prosecution bases.