Former FBI Director James Comey was indicted on Tuesday by a federal grand jury in the Eastern District of North Carolina for allegedly making threats against former President Donald Trump. This marks the second federal prosecution involving Comey by the Justice Department during the Trump administration.
The indictment charges Comey with two counts: knowingly and willfully making a threat to take the life of, and inflict bodily harm on, the president, and transmitting that threat in interstate commerce. The charges stem from an Instagram post Comey briefly shared last year, showing seashells arranged to form the numbers “86 47.” According to the indictment, a “reasonable recipient” familiar with the context would interpret the image as a serious expression of intent to harm President Trump.
The case, assigned to Judge Louise Wood Flanagan and signed by Assistant U.S. Attorney Matthew Petracca, also prompted the issuance of an arrest warrant for Comey.
Acting Attorney General Todd Blanche emphasized the seriousness of the charges, stating, “Threatening the life of the president of the United States will never be tolerated by the Department of Justice.” Blanche noted that the investigation had been ongoing for about a year and underscored that such threats are routinely pursued regardless of the individual involved.
Comey responded to the indictment through a video posted on Substack, denying wrongdoing and expressing confidence in the independent federal judiciary. “I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary. So, let’s go,” he said. His attorney, Patrick Fitzgerald, confirmed Comey would vigorously contest the charges, citing First Amendment protections.
The Instagram image sparked controversy when posted, with Trump supporters interpreting “47” as a reference to Trump’s position as the nation’s 47th president and “86” as a call to “eject” or remove him. Comey deleted the post and explained that he did not intend to convey violence and opposed any form of it.
The former FBI director was interviewed by Secret Service agents last May regarding the post. Then-Homeland Security Secretary Kristi Noem stated that the post was seen as a call for the president’s assassination and warranted Secret Service investigation.
U.S. Attorney W. Ellis Boyle affirmed that Comey would receive full due process and that federal authorities prosecute all credible threats to the president equally.
Why it matters
This indictment highlights the Justice Department’s enforcement of statutes protecting the president from threats, reinforcing that status or public profile does not exempt individuals from prosecution. It also underscores ongoing tensions between Comey, a vocal Trump critic, and the former administration’s justice apparatus.
Background
Comey was previously indicted in 2025 on charges of lying to Congress and obstructing a congressional proceeding; those charges were dismissed due to a procedural issue involving the prosecutor’s appointment. The current threat-related charges arise from a separate investigation that began last year, focusing specifically on the Instagram post’s implications.
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Sources
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