Back
Politics

Former FBI Director James Comey Indicted for Second Time; Case Involves Seashell Photo

Generated on: Last updated: 20 sources
View source

Former FBI Director James Comey Indicted Over Instagram Post

A federal grand jury in the Eastern District of North Carolina has indicted former FBI Director James Comey on two counts related to a social media post. This is the second time the Justice Department has brought charges against Comey under the current administration.

Indictment Details

The indictment charges Comey with:

  • Threatening the President (18 U.S.C. § 871): Alleging that he knowingly and willfully made a threat to take the life of or inflict bodily harm upon the President of the United States.
  • Transmitting a Threat in Interstate Commerce (18 U.S.C. § 875(c)): Alleging that he knowingly transmitted a communication containing a threat to injure another person.

The charges stem from a May 2025 Instagram post by Comey showing seashells arranged to form the numbers "86 47" on a beach in North Carolina. The caption read "cool shell formation on my beach walk." The case is assigned to U.S. District Judge Louise Wood Flanagan in the Eastern District of North Carolina.

The Evidence and Interpretation

Factual Timeline

  • May 2025: Comey posted the photo on Instagram.
  • Same day: Comey deleted the post.
  • April 28, 2025: A federal grand jury returned the indictment.

Interpretation of "86 47"

  • Source reports indicate that "86" is a slang term whose meanings include "to throw out," "to get rid of," or, in a less common usage, "to kill." President Donald Trump is the 47th president.
  • Comey stated at the time of deletion: "I didn't realise some folks associate those numbers with violence" and "I oppose violence of any kind so I took the post down." In a subsequent statement, he said he assumed the shells were a political message and did not intend the post as a threat. He also characterized the action as politically motivated.
  • President Trump has stated that Comey knew the meaning was assassination.
  • Acting Attorney General Todd Blanche stated that the indictment is supported by evidence beyond the Instagram post, citing witness testimony, documents, and materials, but declined to provide specifics.

Legal Context

First and Second Indictments

  • This is the second criminal case brought against Comey by the Justice Department under the current administration.
  • A previous indictment, charging Comey with lying to Congress, was dismissed in late 2023 by a federal judge who ruled that the interim U.S. Attorney for the Eastern District of Virginia had been improperly appointed, bypassing Senate approval. That case was dismissed without prejudice.

Legal Standards

  • The Supreme Court has held that "true threats" are not protected by the First Amendment.
  • In Counterman v. Colorado (2023), the Court ruled that the government must prove the defendant had subjective understanding of the threatening nature of his statement.
  • In Elonis v. U.S. (2015), the Court found that transmitting a threat requires proof that the defendant intended to issue a threat or knew the communication would be viewed as a threat.
  • Comey's legal team plans to file motions alleging selective and vindictive prosecution and to challenge the indictment on First Amendment grounds.

Court Proceedings

Comey surrendered voluntarily on Wednesday at federal court in the Eastern District of Virginia. He was briefly arrested before his first court appearance, which lasted less than 10 minutes. He was released without conditions; no plea was entered. The judge stated regarding release conditions, "I don't see why they'd be necessary this time."

U.S. Attorney Ellis Boyle for the Eastern District of North Carolina was present and will oversee the case in New Bern, North Carolina. No date has been set for arraignment or first appearance in that district.

Assistant U.S. Attorney Matthew R. Petracca, who signed the original indictment, has been removed from the case. Federal prosecutor Timothy Severo has been assigned in his place. Petracca has also been taken off at least three other cases, with no reason given for the changes.

Statements

"Threatening the life of the President of the United States is a grave violation of our nation's laws."
— Acting Attorney General Todd Blanche

"Disgraceful... [Comey] knows the attention and consequences of such a post."
— FBI Director Kash Patel

"I'm still innocent. I'm still not afraid. And I still believe in the independent federal judiciary, so let's go."
— James Comey, via Substack

Comey's attorney Patrick Fitzgerald stated that Comey "vigorously denies" the charges and will contest them in court.

Potential Penalties

If convicted on either count, Comey faces a maximum penalty of 10 years in prison. The Department of Justice has also filed a forfeiture notice seeking any property derived from the alleged unlawful activities.

An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.

Background

Comey served as FBI Director from 2013 to 2017, overseeing the early stages of investigations into possible coordination between the Trump campaign and Russia. President Trump fired Comey in May 2017. The relationship between the two has been publicly strained since that time.