Former FBI Director James Comey, Trump antagonist, indicted over ‘86 47’ social media post


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For the second time in less than a year, the Trump administration has indicted former FBI Director James Comey, this time regarding a social media post he made toward President Donald Trump. 

Comey, who was the FBI director when Trump first took office in January 2017, has been a frequent target of the president, who has publicly called for him to face criminal charges.

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The new charges against Comey were not clear. However,  The New York Times said they were connected to Comey’s social media post from a beach vacation in North Carolina. Comey posted a picture of seashells spelling out “86 47.” The number “86” often means “get rid of” or “dismiss,” typically in restaurants or bars when something is out of stock. The other number referred to Trump as the 47th president. 

But the administration claimed the post was a cryptic message inciting an assassination attempt on Trump, The Times reported. Comey eventually took down the post after the backlash and denied any notion that he meant any violence. 

“I didn’t realize some folks associate those numbers with violence,” Comey later wrote on social media. “I oppose violence of any kind so I took the post down.”

In a video message on his Substack, Comey was defiant, telling people this wasn’t the administration’s first attempt and wouldn’t be the its last.

“Well, they’re back, this time about a picture of seashells on a North Carolina beach a year ago, and this won’t be the end of it, but nothing has changed with me,” Comey said. “I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary, so let’s go.”

What happened to the last indictment?

A Virginia grand jury indicted Comey in September, accusing him of lying and obstructing a congressional investigation during testimony in 2020. The indictment received sharp criticism from the legal community after Trump fired the U.S. attorney in the Eastern District of Virginia, who, along with prosecutors, had determined they lacked the evidence to support Comey’s charges. 

Trump replaced the prosecutor with Lindsey Halligan, a former White House aide with no prior prosecutorial experience. Halligan secured an indictment against Comey shortly after her appointment. 

In November, a judge ruled that Trump’s appointment of Halligan was illegal and dismissed Comey’s indictment. The judge also dismissed the indictment of New York Attorney General Letitia James, another Trump antagonist.

The Comey case suffered another legal setback when a judge ruled that some evidence was off-limits to prosecutors.

The new indictment against Comey came weeks after Trump fired former Attorney General Pam Bondi. The Times reported that the termination came after advisors grew unhappy with how she handled the files related to convicted sex offender Jeffrey Epstein and her effectiveness in securing cases against perceived political enemies.

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Why this story matters

A second federal indictment of former FBI Director James Comey, stemming from a social media post the administration characterized as inciting violence against the president, raises documented questions about how the Justice Department is being directed.

Prior indictment was thrown out

A judge ruled the first Comey indictment illegal after Trump replaced an experienced prosecutor with a former White House aide who had no prior prosecutorial experience.

Administration's legal authority contested

Courts have already dismissed at least two indictments tied to Trump's appointment of Lindsey Halligan, ruling that appointment illegal.

Speech and social media exposure

The administration characterized a beach photo with seashells spelling numbers as a threat, a framing Comey denied and that the article does not present as independently verified.

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Context corner

Comey was fired by Trump in May 2017 during an FBI investigation into potential ties between Russia and Trump's 2016 campaign. The subsequent Mueller inquiry found Russia interfered in the election but found insufficient evidence of criminal collaboration between the Trump campaign and Russia.

History lesson

Michigan Gov. Gretchen Whitmer drew criticism in 2020 for appearing on television with a figurine showing "86 45" behind her, and similar "86 46" references appeared online during Joe Biden's presidency, showing the phrase has been used politically across administrations.

Oppo research

Comey's lawyers in the first case argued the prosecution was vindictive and selective, claiming Trump ordered charges out of "personal spite." Legal experts have said prosecutors face a high bar to prove the post was a "true threat" under a 2023 Supreme Court standard requiring proof the individual understood their message would be perceived as threatening.

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Bias comparison

  • Media outlets on the left frame the second indictment of former FBI Director James Comey as partisan vendetta, emphasizing terms like "Trump Justice Department" and "punish" to evoke overreach.
  • Media outlets in the center remain neutrally factual with "source says" qualifiers.
  • Media outlets on the right portray it as overdue accountability, highlighting "reckoning" and Comey's "anti-Trumper" status amid a "new probe.

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Key points from the Left

  • Former FBI Director James Comey was indicted for a social media post showing seashells arranged as "8647," which officials interpreted as a threat against President Donald Trump.
  • Comey deleted the seashell post after being questioned and stated he did not intend it as a call to violence, explaining it was a political message.
  • This indictment is the second criminal case against Comey by the Justice Department; a previous case alleging false testimony to Congress was dismissed due to the improper appointment of the prosecutor.
  • The investigation and indictment have drawn public attention amid heightened scrutiny of Trump critics by the Justice Department.

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Key points from the Center

  • On Tuesday, the Justice Department indicted former FBI Director James Comey for a second time, with charges reportedly stemming from a May 2025 Instagram post showing seashells arranged to spell "86 47."
  • A federal judge dismissed the first indictment in November 2025 after ruling U.S. attorney Lindsey Halligan was unlawfully appointed, prompting the Justice Department to pursue fresh charges against Comey.
  • Comey's May 2025 post sparked immediate backlash, with administration officials characterizing it as a call for assassination; Comey stated he "opposed violence of any kind" and assumed the shells were "a political message."
  • Legal experts express skepticism that charges will survive constitutional scrutiny; broad First Amendment protections for political speech set a high bar for prosecution, likely triggering contested litigation.
  • This renewed prosecution reflects President Trump's pressure to target perceived political enemies, raising concerns about the Justice Department's impartiality as the administration pursues cases against high-profile former officials.

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Key points from the Right

  • The Department of Justice indicted former FBI Director James Comey for a second time, though the specific charges were not disclosed.
  • Comey's earlier indictment involved false statements and obstruction of justice but was dismissed due to the improper appointment of acting U.S. attorney Lindsey Halligan.
  • The previous case stemmed from Comey's testimony denying authorization of leaks related to the Trump-Russia and Clinton email investigations during a 2017 Senate hearing.
  • Comey gained national attention in 2016 after announcing the reopening of the FBI investigation into Hillary Clinton's emails, which many believe influenced the presidential election.

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