James Comey indicted over alleged threat against President Trump

A federal grand jury in the Eastern District of North Carolina has indicted former FBI Director James Comey over a May 15, 2025 Instagram post that prosecutors say could be read as a threat against President Donald Trump. The 65-year-old faces two counts, one under 18 U.S.C. § 871 for threatening to take the life of or inflict bodily harm on the president, and another under 18 U.S.C. § 875(c) for transmitting a threatening communication in interstate commerce.

At the center of the case is a photo of seashells arranged to read “86 47.” Prosecutors say a reasonable recipient familiar with the circumstances would interpret the message as a serious expression of intent to harm Trump, the 47th president. Comey later said he understood the image as a political message, said he did not realize some people associate those numbers with violence, and deleted the post after it was viewed by Trump supporters as a threat.

Comey appeared in federal court in Virginia on April 29, 2026, did not enter a plea, and was released without conditions after Magistrate Judge William E. Fitzpatrick said restrictions were not necessary. Comey was represented by Patrick Fitzgerald and Jessica Carmichael, nodded as he was advised of his rights, and smiled at family as he left the courtroom. His legal team said it plans to seek dismissal on selective and vindictive prosecution grounds and has also asked for preservation of records.

The Justice Department said the charges carry maximum penalties of 10 years per count. Acting Attorney General Todd Blanche, FBI Director Kash Patel and U.S. Attorney Ellis Boyle all publicly defended the indictment, framing it as a serious threat case rather than a political dispute. Comey has said he is innocent, is not afraid, and believes in the independent federal judiciary.

The indictment lands in an especially charged political setting. Trump fired Comey in May 2017, while the FBI was investigating possible Russian coordination with the Trump campaign. Comey was also indicted in September 2025 on unrelated charges of lying to Congress and obstructing a congressional proceeding, but that case was dismissed after the U.S. attorney who brought it was found to have been illegally appointed. The Justice Department is appealing that dismissal, adding another legal front to a fight that now turns on the narrow line between protected speech and a prosecutable true threat.