Federal grand jury indicts James Comey for threatening President Trump in Instagram post

A federal grand jury in the Eastern District of North Carolina has indicted former FBI Director James Comey for a second time, charging him with threatening President Donald Trump's life through an Instagram post featuring seashells arranged as "86 47" on a beach. The two-count indictment accuses Comey of knowingly making a threat to kill or inflict bodily harm on the president and transmitting that threat in interstate commerce, according to court records and statements from Justice Department officials. An arrest warrant has been issued, though it remains unclear if Comey has been taken into custody.

The post in question dates back to May 2025, when Comey shared the beach photo, later explaining he viewed the numbers as a political message rather than a call to violence. He quickly deleted it, stating, "I didn’t realize some folks associate those numbers with violence" and emphasizing his opposition to any kind of violence. Prosecutors argue that a "reasonable recipient familiar with the circumstances would interpret" the image as a serious intent to harm Trump, as detailed in the three-page indictment signed by Assistant U.S. Attorney Matthew Petracca and assigned to Judge Louise Wood Flanagan.

This marks Comey's second federal indictment since Trump returned to the White House. Last year, he faced charges for allegedly lying to Congress about the Russia investigation and the Clinton email probe, as well as obstruction related to his 2020 Senate testimony, but those were dismissed after his lawyers successfully argued the case was politically motivated and flawed by prosecutorial issues. Acting Attorney General Todd Blanche addressed the new charges at a Justice Department press conference, stressing that "threatening the life of the president of the United States will never be tolerated," while FBI Director Kash Patel noted the grand jury reviewed evidence including Comey's deletion and apology.

Trump allies reacted swiftly at the time of the post, with then-Homeland Security Secretary Kristi Noem claiming Comey had "just called for the assassination" and Director of National Intelligence Tulsi Gabbard calling for him to be "behind bars." Trump himself described it as an intentional threat during a Fox News appearance. Comey, in response to the indictment, posted a video on Substack dismissing the charges as a "political vendetta by Trump lackeys," affirming his innocence and faith in the federal judiciary.

The case underscores ongoing tensions from Comey's tenure as FBI director, when he oversaw the early Russia election interference probe into Trump's 2016 campaign—a probe that led to his firing early in Trump's first term and years of public feuds since. Legal experts note the high bar for proving a "true threat" under First Amendment protections, especially given Comey's disavowal, but Patel insisted the investigation was rigorous and fact-based.

Comey was interviewed by Secret Service agents last May following the post, and the DOJ pursued the matter amid broader commitments to combat presidential threats. No trial date has been set, but the proceedings could draw intense scrutiny given the political stakes and Comey's prominence. As reported by outlets including CBS News, Politico, and ABC News, this development renews debates over accountability for public figures' online actions and the DOJ's approach under Trump's administration.