A federal grand jury in North Carolina has indicted former FBI Director James Comey on two felony counts of threatening President Donald Trump through a social media post. The charges stem from an Instagram photo Comey shared last year showing seashells arranged as '8647' on a beach. Each count carries a maximum sentence of 10 years in prison.
The U.S. Department of Justice secured the indictment, unsealed on Tuesday in the U.S. District Court for the Eastern District of North Carolina. Prosecutors allege Comey 'knowingly and willfully' threatened to take the life of or inflict bodily harm on the president by posting the photo, which some interpret '86' as slang for 'get rid of' and '47' as a reference to Trump as the 47th president. A warrant for Comey's arrest was also issued, according to court documents filed Tuesday, April 28, 2026. Acting Attorney General Todd Blanche stated at a press conference, 'Threatening the life of the president of the United States will never be tolerated by the Department of Justice.' He added that the case involved significant law enforcement work over the past year and emphasized that such conduct is routinely prosecuted regardless of the defendant's prominence. Comey responded in a Substack video, saying, 'I'm still innocent, I'm still not afraid, and I still believe in the independent federal judiciary, so let's go.' His lawyer issued a statement denying the charges and vowing to contest them in court while defending First Amendment protections. Comey previously explained that he took down the May 2025 post after realizing some associated the numbers with violence, insisting he viewed it as a political message and opposes all violence. Democrats criticized the indictment as politically motivated. Sen. Adam Schiff called it 'weaponized justice' and 'vindictive prosecutions.' Rep. Ted Lieu mocked the investigation as a 'loser case.' Illinois Gov. JB Pritzker accused the administration of targeting opponents, while attorney Marc Elias warned of broader implications. This marks the second indictment against Comey under the Trump administration. An earlier case in September 2025, charging false statements and obstruction, was dismissed by a federal judge who ruled the prosecutor, Lindsey Halligan, was unlawfully appointed.