Former FBI Director James Comey surrendered to law enforcement and made an initial court appearance in Alexandria, Va., on Wednesday after facing new charges stemming from a controversial photo of seashells he shared on Instagram that displayed the message '86 47.' The phrase '86' is commonly used as slang for removing or throwing out something or someone, and President Trump is the 47th president. A grand jury in North Carolina returned a two-count indictment over the image.
Comey was flanked by two attorneys and nodded his head as he was read his rights by a magistrate judge. His wife and daughters attended the proceeding and did not speak to reporters afterward. Despite the government's request for certain bail conditions, Judge William E. Fitzpatrick put standard conditions in place.
What the Left Is Saying
Civil liberties advocates and Comey's defenders have cast doubt on the prosecution's. Comey previously faced false statements and obstruction charges stemming from 2020 testimony he gave Congress concerning leaks at the FBI, but that case was dismissed over what a court found to be the unlawful appointment of former U.S. Attorney Lindsey Halligan as a prosecutor. The Trump administration has appealed that dismissal.
In a video posted Tuesday before his court appearance, Comey denied any wrongdoing. 'I'm still innocent, I'm still not afraid and I still believe in the independent federal judiciary — so let's go,' he said. When he initially posted the photo in May, Comey said he assumed the shells were a 'political message' but did not realize the numbers could be associated with violence. He subsequently deleted the post.
Comey's attorney indicated that a selective and vindictive prosecution motion from the defense would be imminent, asking the government to preserve its records. Critics have noted that other recent Justice Department prosecutions of Trump's political opponents — including attempts to indict New York Attorney General Letitia James on mortgage fraud charges, which were dismissed — have failed to result in convictions.
What the Right Is Saying
Acting Attorney General Todd Blanche has portrayed the prosecution as consistent with federal efforts to clamp down on threats against public officials regardless of political affiliation. 'Threatening the life of the president of the United States will never be tolerated by the Department of Justice,' he said at a press conference Tuesday. 'Over the past year, this department has charged dozens of cases involving threats against all sorts of individuals. We take these seriously. Every single one of them.'
When asked by reporters Wednesday whether he believed Comey had sincerely threatened his life, Trump doubled down that the Instagram post amounted to a threat. The president pointed to '86' being used as a mob term for violence. 'Well, if anybody knows anything about crime, they know 86 ... it's a mob term for kill em,' Trump said. 'You ever seen the movies? 86 em, the mobster says to one of his wonderful associates.'
The White House has emphasized that Comey's prosecution reflects broader Justice Department enforcement against threats rather than any targeting of political opponents. The charges were brought in the Eastern District of North Carolina, and U.S. Attorney Ellis Boyle, who leads that office, was present in the Alexandria courtroom Wednesday.
What the Numbers Show
The two counts Comey faces — making a threat against the president and transmitting a threat in interstate commerce — each carry a maximum possible sentence of five years in prison, according to what Judge Fitzpatrick stated during the hearing. Both charges require evidence that Comey 'knowingly and willfully' issued a threat to 'take the life of' Trump.
The Wednesday court appearance lasted less than 10 minutes. Comey wore a dark suit and did not speak for its duration. He did not enter a plea, nor was his next court appearance scheduled during the proceeding. The judge rejected government requests for enhanced bail conditions. 'They weren't necessary the last time; I don't see why they're necessary this time,' Fitzpatrick said.
This marks the second time Trump's Justice Department has secured an indictment against Comey. Beyond these cases, prosecutors have also attempted to reindict New York Attorney General James twice after initial mortgage fraud charges were dismissed, without success. A grand jury probe of Federal Reserve Chair Jerome Powell was stopped when a federal judge declined to allow subpoenas.
The Bottom Line
Comey's case will test whether courts view his Instagram post as a genuine threat or political satire gone wrong. His defense has signaled plans to argue selective and vindictive prosecution, a difficult legal threshold but one that may resonate given the broader pattern of Trump-era Justice Department actions against political opponents.
The former FBI director's history with Trump dates to 2017, when Trump fired Comey as FBI director — an action that later became a focal point of special counsel Robert Mueller's investigation into whether Trump sought to obstruct probes into Russian interference in the 2016 election. Since his firing, Comey has been a vocal critic of the president.
Comey's next steps include mounting a defense challenging both the intent element of the charges and the prosecution's legitimacy. A status conference or arraignment on the actual indictment is expected to be scheduled in coming weeks.