On Tuesday, the Justice Department announced an indictment against former FBI Director James Comey, alleging he threatened President Donald Trump through an Instagram post featuring seashells.
The indictment, filed in the Eastern District of North Carolina, claims that the arrangement of shells spelling “86 47” constitutes a serious threat against the President. This interpretation hinges on the notion that a reasonable person would perceive the image as harmful.
Comey, who has a beach house in the area, posted the photo in May, prompting an investigation by the Department of Homeland Security. The Secret Service even questioned him regarding the post, which he later deleted, asserting he never intended for it to be seen as violent. "Eighty-six" is often used in restaurants to indicate an item is sold out or informally means to cancel something.
In a follow-up Instagram post, Comey expressed surprise that others associated those numbers with violence, emphasizing his opposition to any form of aggression. "I didn’t realize some folks associate those numbers with violence," he stated.
After the indictment, Comey maintained his innocence in a video message, asserting he was unafraid and still believed in an independent judiciary. "They're back," he remarked about the Trump administration, referring to the indictment stemming from a seemingly innocuous beach photo.
His attorney, Patrick Fitzgerald, firmly denied the charges, stating they would contest them in court and defend Comey’s First Amendment rights. The White House has deferred all inquiries to the Justice Department.
During a news conference, acting Attorney General Todd Blanche refrained from providing evidence that Comey "knowingly and willfully" made a threat, a critical element of the charges. When pressed about proving intent, Blanche mentioned extensive investigations involving witnesses and documents.
Two senior law enforcement officials indicated that despite an arrest warrant being issued, discussions are ongoing between Comey’s legal team and the Justice Department. It is anticipated that Comey will voluntarily surrender to authorities in North Carolina this week.
Blanche acknowledged these discussions but did not elaborate further. Officials noted that there is no expectation of a dramatic arrest scene involving handcuffs.
Trump administration officials quickly condemned Comey following the May post. Former Homeland Security Secretary Kristi Noem highlighted that Secret Service agents had interviewed him, while National Intelligence Director Tulsi Gabbard suggested he should face imprisonment for his actions.
This is not the first time Comey has faced legal challenges; he was previously indicted on charges of lying to Congress five years ago. That case was dismissed after a judge ruled that the prosecutor involved had been unlawfully appointed.
The current indictment does not include an arrest warrant; however, Blanche clarified that it was issued by a grand jury, which can sometimes take such actions independently. Typically, prosecutors request arrest warrants from judges or clerks after securing indictments.
There was an unsealed request for a warrant on Tuesday from the U.S. attorney's office, but it did not specify it was at the grand jury's request. The warrant itself remains undisclosed on public dockets.
Prosecutors operate under a lower standard of probable cause when seeking indictments compared to the higher standard required for securing convictions at trial.
Trump had previously urged legal action against both Comey and New York Attorney General Letitia James. His discontent with Comey began shortly after taking office in 2017, culminating in Comey's dismissal that May, which led to the appointment of special counsel Robert Mueller to investigate Russian interference in the 2016 election—a probe that frequently drew Trump's ire.
