By Hannah Rabinowitz, Kristen Holmes, Holmes Lybrand, Tierney Sneed Updated 3 hr ago
Former FBI Director James Comey was indicted Tuesday in connection with a social media photo that officials described as a potential threat, marking the second effort to bring charges against him.
James Comey responds to new indictment over alleged ‘threat’ against Trump
The charges, which include making a threat and transmitting one in interstate commerce, were approved by a grand jury in the Eastern District of North Carolina. They stem from a now-deleted Instagram post showing seashells arranged to spell out “86 47” on a beach.
What is the significance of the numbers 86 47?
Comey responded quickly in a video on his Substack, saying, “I’m still innocent. I’m still not afraid. And I still believe in the independent federal judiciary, so let’s go.”
In the original post from last May, he had captioned the image: “Cool shell formation on my beach walk.” He later removed it, explaining that he saw it as a simple political message and did not realize some people might interpret the numbers differently. “It never occurred to me but I oppose violence of any kind so I took the post down,” he wrote.
The number 86 can sometimes mean to remove or get rid of something in slang, while 47 refers to the current presidential term. Comey has maintained he did not intend any harm.
Legal experts note that cases like this face a high bar under Supreme Court precedent, as prosecutors must prove the statement was a “true threat” made knowingly and willfully. Many observers describe the post as ambiguous at best.
This is the second set of charges brought against Comey in recent months. A previous case involving allegations of lying to Congress was dismissed late last year.
Comey’s attorneys have not commented publicly on the latest development. The case is expected to raise questions about free speech protections and intent.
Separately, a lawsuit filed by Comey’s daughter Maurene, a former federal prosecutor, challenging her dismissal from the Justice Department was allowed to proceed in court earlier Tuesday.