James Comey Faces 2-Count Indictment Over '86-47' Post as Critics Call Case Vindictive
Updated
Updated · The Guardian · May 13
James Comey Faces 2-Count Indictment Over '86-47' Post as Critics Call Case Vindictive
8 articles · Updated · The Guardian · May 13
A late-April grand jury indictment charged former FBI Director James Comey with two counts tied to a May 2025 Instagram photo of seashells spelling “86-47,” which prosecutors say threatened President Donald Trump.
The case was brought weeks after Trump replaced Pam Bondi with acting attorney general Todd Blanche, who said DOJ has “evidence of all sorts” from an 11-month investigation and will present it at trial.
Comey removed the post after criticism and said he intended no harm; former prosecutors and law professors say the phrase is too ambiguous to qualify as a true threat and expect the case could be dismissed.
Critics say the weaker second case against Comey, after an earlier lying-to-Congress case was thrown out, shows Blanche is using DOJ to satisfy Trump and strengthen his bid to become attorney general permanently.
That concern has widened beyond Comey: Blanche has accelerated inquiries into other Trump adversaries, including John Brennan, fueling claims the department is pursuing politically driven cases with thin evidence.
Could a recent Supreme Court free speech ruling derail this entire prosecution?
What evidence beyond a photo could justify an 11-month threat investigation?
When does ambiguous online slang legally become a punishable 'true threat'?
The "86 47" Instagram Case: James Comey, Free Speech, and the High-Stakes Legal Battle Over Political Threats in 2026
Overview
Former FBI director James Comey is facing major legal challenges after posting a controversial Instagram photo in May 2025, where seashells formed the numbers '86 47.' The post sparked scrutiny because some people associate '86' with violence, though Comey said he did not realize this meaning and deleted the post once he understood the concern. He explained his intent was political, not violent. Now, Comey is set to enter a plea and has a trial date, with the case raising important questions about free speech, intent, and how ambiguous language can lead to serious legal consequences.