Former FBI Director James Comey was indicted on April 28, 2026, on federal charges of threatening President Donald Trump. The charges center on a now-deleted Instagram post from May 2025 showing seashells arranged to spell “86 47“, a move that has ignited fierce debate about the limits of free speech and whether political protest has crossed into criminal territory.
The story began nearly a year before the indictment. On May 15, 2025, Comey posted a photograph on Instagram showing seashells on a North Carolina beach arranged to display the numbers “86 47.” The caption was simple: “Cool shell formation on my beach walk.” According to CNN, what Comey apparently didn’t realize was that within hours, his seemingly innocent beach photograph would become the center of a political firestorm that would ultimately land him in federal court.
The numbers triggered immediate backlash from Trump administration officials and Republican allies. According to the Department of Justice, the slang term “86” means to “get rid of” or “nix” something, combined with “47”, Trump’s current term as the 47th president. Republicans interpreted the post as a barely concealed death threat.
Trump Jr. accused Comey of “calling for my dad to be murdered.” The Department of Homeland Security launched an investigation, with then, Secretary Kristi Noem claiming Comey had “called for the assassination” of the president. The Secret Service conducted an hours-long interview with Comey in Washington, D.C., examining the beach photograph and verifying the shells came from a North Carolina beach.
Comey responded by deleting the post the same day. According to NPR, he wrote on social media that he hadn’t realized people associated the numbers with violence. “I assumed the shells represented a political message” he explained, adding that “I oppose violence of any kind so I took the post down.” The episode appeared to fade from headlines, until the Justice Department came back with new charges.
The indictment filed Tuesday in the Eastern District of North Carolina charged Comey with two federal crimes. Comey faces charges of threatening the president in violation of 18 U.S.C. § 871, and transmitting a threat in interstate commerce in violation of 18 U.S.C. § 875(c).
Each count carries a maximum sentence of 10 years in prison. According to the DOJ statement, the indictment alleges that “a reasonable recipient who is familiar with the circumstances would interpret” the seashell arrangement “as a serious expression of an intent to do harm to the President of the United States.“
Acting Attorney General Todd Blanche announced the charges at a Tuesday press conference. According to ABC News, Blanche stated: “You are not allowed to threaten the president of the United States of America.”
FBI Director Kash Patel said Comey “disgracefully encouraged a threat on President Trump’s life” and noted that as a former FBI director, “he knew full well the attention and consequences of making such a post.“
The indictment comes exactly three days after a shooting at the White House Correspondents’ Dinner on April 25, 2026, where an alleged assassin was shot while running toward the ballroom where Trump was attending.
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This is the second indictment against Comey since Trump’s second term began. Last year, the Justice Department charged him with lying to Congress about leaks to the press. That case collapsed when a federal judge deemed the appointment of Trump’s hand-picked prosecutor, Lindsey Halligan, invalid. Comey celebrated that victory, but Trump had signaled that more was coming.
Comey’s response was defiant. In a Substack video titled “Seashells” he said: “I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary, so let’s go.” He added: “But it’s really important that all of us remember that this is not who we are as a country. This is not how the Department of Justice is supposed to be.“
His defense attorney Patrick Fitzgerald stated in a written response that “Mr. Comey vigorously denies the charges contained in the Indictment” and vowed to “contest these charges in the courtroom and look forward to vindicating Mr. Comey and the First Amendment.“
Legal experts have questioned whether prosecutors can meet the threshold required by recent Supreme Court precedent. According to CNN, in a 2023 decision, the Supreme Court established that to constitute a “true threat” prosecutors must prove the defendant understood their message would be perceived as threatening and disregarded that risk.
Prosecutors face what many constitutional scholars say is a “high legal bar” particularly given that “86” has multiple meanings and Comey immediately deleted the post and denied intent.
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The case has drawn comparisons to other political figures who have used the “86 47” or similar number formations. Democratic Michigan Governor Gretchen Whitmer appeared on television in 2020 with a figurine of “86 45” on a table behind her. Conservative commentator Jack Posobiec posted “86 46” during Biden’s presidency. Neither faced prosecution. That asymmetry could become central to Comey’s defense.
For more political reporting and in-depth analysis, visit the Politics section at bdesk.news.
Michaela Reeds is an investigative journalist and reporter with a focus on politics, science, and technology. She brings clarity to complex issues, translating policy developments, scientific breakthroughs, and technological innovations into compelling stories for a broad audience. She is known for her dedication to accuracy, transparency, and in‑depth reporting.
