According to BBC reporting, former FBI Director James Comey has been formally accused of threatening the life of US President Donald Trump, a charge stemming from an image he briefly shared on social media platform Instagram last year. The image featured seashells arranged to form the numbers “86 47”. The term “eighty-six” is slang for “eject” or “remove”. Comey has maintained that he was unaware of the numbers’ meaning, but President Trump and administration officials have interpreted the post as a threat against the 47th president.
Responding to the indictment, Comey stated, “I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary.” At a press conference announcing the charges, FBI Director Kash Patel asserted that Comey, as a former director of the agency, “knew full well the attention and consequences of making such a post.” Patel added, “James Comey disgracefully encouraged a threat on President Trump’s life and posted it on Instagram for the world to see.”
Comey was dismissed from his FBI role by President Trump during his first term. This occurred after the former director initiated an investigation into Russian interference in the 2016 US presidential election. Since his termination, Trump has frequently called for Comey’s prosecution. Tuesday’s charges represent the administration’s second effort to pursue legal action against him.
“Well, they’re back,” Comey remarked in a statement. “This time about a picture of sea shells on a North Carolina beach a year ago. And this won’t be the end of it, but nothing has changed with me.” Court documents indicate that Comey faces charges of making a threat against the president and transmitting a threat in interstate commerce. Each offense carries a potential maximum sentence of 10 years in prison.
The criminal charges were filed in the Eastern District of North Carolina, the same geographical area where the seashells were reportedly discovered. “Threatening the life of the President of the United States is a grave violation of our nation’s laws,” stated Acting Attorney General Todd Blanche. “The grand jury returned an indictment alleging James Comey did just that.”
US Secret Service agents had previously interviewed Comey in May concerning the seashell photograph. Comey subsequently deleted the Instagram post. In a follow-up statement, he explained that he “assumed [the sea shells] were a political message.” He further elaborated, “I didn’t realise 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.”
President Trump, who has a history of criticizing Comey, commented on the post, suggesting that “a child knows what that meant.” However, some legal experts have expressed skepticism regarding the indictment’s substance. Michael Gerhardt, a constitutional law expert at the UNC School of Law, described the indictment as “very thin” and raised questions about the Department of Justice’s actions in targeting perceived political opponents of President Trump.
Gerhardt suggested that Comey’s social media post would likely be considered protected free speech under the First Amendment by the courts. Jimmy Gurulé, a former federal prosecutor and Assistant U.S. Attorney General appointed by President George W. Bush, called the new indictment “an embarrassment to the American criminal justice system.” Gurulé, now a professor at Notre Dame Law School, stated, “The DOJ will not be able to prove beyond a reasonable doubt that James Comey had the intent to threaten or harm President Trump.” He characterized the indictment as “a transparent attempt to intimidate one of the President’s perceived political enemies.”
This marks the second instance of the justice department bringing charges against Comey. In late September, a federal grand jury had indicted him on charges of lying to Congress during testimony in September 2020 and obstructing a congressional proceeding. These charges emerged just days after President Trump urged the nation’s top law enforcement official to more aggressively investigate his political adversaries, including Comey.
Comey pleaded not guilty during a brief court appearance in October. However, the case was dismissed in November. US District Judge Cameron Currie dismissed the indictment, citing prosecutor Lindsey Halligan’s “invalid” appointment as U.S. attorney. The judge ruled that Halligan, who had secured the indictments in eastern Virginia, was not authorized to present the charges to the grand jury. Halligan is a former White House aide who had no prior experience prosecuting cases. Nevertheless, the judge indicated that the government could refile the charges.
Earlier on Tuesday, a separate judge ruled that Maurene Comey, James Comey’s daughter and a former federal prosecutor, could proceed with her legal challenge against her dismissal by the Trump administration. The ruling allows her case to move forward.
