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By Gabe Whisnant, Andrew Stanton, and Amanda Castro
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Former FBI Director James Comey appeared in court Wednesday after he was indicted for a second time by the Justice Department under President Donald Trump.
He is accused of making a criminal threat against the president over a now‑deleted Instagram post featuring seashells arranged to spell “86 47." The renewed prosecution comes amid heightened scrutiny of Trump’s Justice Department and revives questions about political retribution that were central to Trump’s 2024 campaign and early second term.
Comey, a longtime Trump critic, now faces federal felony charges that could carry up to 10 years in prison and has said he intends to fight the case as it moves through court.
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Comey is expected to challenge the indictment in court, with some legal experts predicting early motions to dismiss. Even if the case fails, the process could impose significant financial and personal strain.
“I still believe in the independent federal judiciary,” the former FBI director said Tuesday. “So, let’s go.”
When asked about the indictment, Trump told reporters at the White House Wednesday, in part, “People like Comey have created tremendous danger for politicians and others … He cheated on the elections."
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What the Charges Say
According to the charging document, Comey is accused of knowingly and willfully threatening the president, in violation of 18 U.S. Code § 871, and transmitting a threat in interstate commerce, under 18 U.S. Code § 875.
The indictment alleges that Comey posted an image of seashells arranged to spell “86 47,” which prosecutors say “a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to the President of the United States.”
Acting Attorney General Todd Blanche said during a news conference that the two felony counts each carry a maximum sentence of five years, for a total of up to 10 years in prison.
Critics of the post argued that “86” can be used as slang meaning to kill or eliminate, while “47” refers to Trump’s numerical place in the presidential order. Comey has said he did not understand the phrase to carry violent connotations.
The case was charged in the Eastern District of North Carolina, the location of the beach where Comey has said he found the shells. He made a brief court appearance Wednesday at the federal courthouse in Alexandria, Virginia, the state where he lives.
Comey didn’t speak or enter a plea during the appearance, which lasted roughly five minutes. But his legal team teed up at least one argument expected to be invoked, with defense lawyer Patrick Fitzgerald saying the defense intended to argue that the prosecution is vindictive and selective and would ask prosecutors to save communications that might be relevant for that motion.
U.S. Magistrate Judge William Fitzpatrick also rejected the government’s request to set conditions on Comey’s release, calling it unnecessary.
Newsweek reached out to the Department of Justice (DOJ) and Comey through his book publisher for comment.
Comey Pushes Back: ‘I’m Still Innocent’
Comey publicly responded to the indictment later Tuesday in a video posted to his Substack account, framing the case as politically motivated and vowing to contest the charges.
“Well, they’re back,” Comey said in the clip, referring to the Justice Department. “Nothing has changed with me. I’m still innocent. I’m still not afraid. And I still believe in the independent federal judiciary. So, let’s go.”
The remarks were Comey’s first direct response since the indictment was announced and signaled that he intends to aggressively challenge the case.
After deleting the Instagram post last year, Comey wrote in a follow‑up message that he had seen the shell arrangement while walking on a beach and believed it was a “political message.”
“I didn’t realize some folks associate those numbers with violence,” he wrote, adding that he opposes “violence of any kind.”
Also on Tuesday, a federal judge allowed a wrongful termination lawsuit brought by Maurene Comey, a former federal prosecutor and Comey's daughter, to move forward in federal court on Tuesday, rejecting claims that the firing under President Trump's "executive power" should be handled by an executive branch agency.
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How the Case Emerged
The seashell post quickly drew backlash from Republicans and Trump allies. Then‑Homeland Security Secretary Kristi Noem wrote on X at the time that the Department of Homeland Security and the Secret Service were “investigating this threat and will respond appropriately.”
The Secret Service interviewed Comey in May 2025, shortly after the post surfaced.
CNN reported Tuesday that the renewed prosecution effort is being driven by Blanche amid increased pressure from the White House, after an earlier attempt to charge Comey collapsed last year.
Comey was previously indicted in September 2025 on charges of lying to Congress related to testimony he gave before the Senate Judiciary Committee in 2020. That case was dismissed after a judge found problems with the prosecutor’s appointment.
Blanche: ‘You Are Not Allowed to Threaten the President’
At Tuesday’s news conference, Blanche rejected claims that the indictment criminalizes protected speech.
“Threats against the president will never be tolerated,” Blanche said, adding that the department has charged dozens of cases involving threats against public officials over the past year.
When pressed on how prosecutors would establish intent, given Comey’s claim that he did not mean the post as a threat, Blanche said the department would rely on “witnesses” and “documents” but declined to offer further detail.
Asked to address concerns about where free speech ends and criminal threats begin, Blanche dismissed the criticism.
“You are not allowed to threaten the president of the United States of America,” he said. “It’s not a very difficult line.”
Legal Experts Call Case ‘Retribution’
Several former federal prosecutors told Newsweek the indictment appears weak and politically driven.
Gene Rossi, a former federal prosecutor, said the charges mark “a sad day at the Justice Department,” calling the case “petty” and “retributive.”
“If the charges are based on the phrase ‘86 47,’ I pity the prosecutors who have to present this case to a jury,” Rossi said, adding that the prosecution appears designed to curry favor with Trump.
Neama Rahmani, another former federal prosecutor, said Comey has a “very significant” First Amendment defense and that the case is “dubious at best.”
“Eighty‑six can mean a lot of things,” Rahmani said. “To argue that it means kill, and that Comey had specific intent to make a credible threat to the president, is a legal stretch.”
Rahmani predicted the case would likely be dismissed at the pretrial stage and described it as “political theater.”
Barbara McQuade, a former U.S. attorney, said Comey is likely to move to dismiss the case on grounds of selective prosecution.
“A picture of seashells, and nothing more, falls far short of what the Supreme Court has defined as a ‘true threat,’” McQuade said, adding that if prosecutors believed the post constituted a serious criminal threat, they would have indicted Comey sooner.
Michael McAuliffe, a former federal prosecutor and state attorney, said no ethical prosecutor would bring such a case, calling it an “exercise of political retribution.”
What Does ‘86’ Mean?
The meaning of “86” has emerged as a central issue in the case.
Merriam‑Webster defines the term primarily as meaning to eject, bar, or refuse service. While it notes that the word has occasionally been used to mean “to kill,” the dictionary says that meaning is rare and not formally entered.
Trump has said he believes Comey knew exactly how the phrase would be interpreted.
“A child knows what that meant,” Trump said in a Fox News interview in May. “That meant assassination.”
Legal analysts counter that the phrase has multiple meanings and that Comey’s prompt removal of the post undermines claims of intent.
The president said Wednesday at the White House, "If anybody knows anything about crime, they know '86.' You know what 86 is? It’s a mob term for 'kill him' ... Comey is a dirty cop."
Other DOJ Targets Under Trump
Comey’s indictment comes as the DOJ has announced several high‑profile cases against figures critical of Trump.
Earlier Tuesday, prosecutors unveiled charges against David Morens, a former senior adviser to Dr. Anthony Fauci, accusing him of concealing federal records during the COVID‑19 pandemic.
Last week, the DOJ announced fraud charges against the Southern Poverty Law Center, a civil rights nonprofit that has been critical of Trump. The group has denied wrongdoing and said it learned of the charges through a DOJ news conference.
Meanwhile, CNN reported that the Federal Communications Commission (FCC) is preparing to call in licenses held by Disney‑owned ABC stations, days after a late‑night joke by Jimmy Kimmel targeting first lady Melania Trump.
This article includes reporting by the Associated Press.
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