Former FBI Director James Comey said Sunday he has "complete faith in our judicial system" as he faces a federal indictment stemming from a 2025 Instagram post that prosecutors allege threatened the life of President Donald Trump.
Comey made the comments during an appearance on NBC News' "Meet the Press." The former FBI chief was indicted last month after posting a photo of seashells arranged to display the numbers "86 47" on his Instagram account. Federal prosecutors in the case have alleged that "86" is a term meaning "to kill," while Comey and supporters argue the post had innocent intent.
What the Right Is Saying
Administration officials have defended the indictment as grounded in evidence beyond a single social media post. President Trump told reporters in the Oval Office last month, "Well, if anybody knows anything about crime, they know 86 — you know what 86 — it's a mob term for kill him."
Acting Attorney General Todd Blanche said on "Meet the Press" earlier this month that the case involves more than just the Instagram photo. "This is not just about a single Instagram post," Blanche said. "This is about a body of evidence that [prosecutors] collected over the series of about 11 months. That evidence was presented to the grand jury."
Supporters of the prosecution argue that context matters when evaluating alleged threats against a sitting president, and that dismissing such cases would create precedent that endangers executive branch security.
What the Left Is Saying
Progressive critics of the indictment have pointed to pushback from restaurant industry workers who told NBC News last month that "86 it" is common, non-violent slang in the hospitality industry used to indicate an item is no longer available or should be removed from service. They argue the charges represent an overreach by the Justice Department into protected speech.
Comey himself has been vocal in his criticism of the prosecution. In a separate interview with NBC News last week, he said targeting Trump's political opponents conflicts with the Justice Department's mission to uphold the law impartially. "The department cannot target people like an Adam Schiff or Letitia James or Sen. Kelly because the president doesn't like what they say," Comey told NBC's Hallie Jackson. "It just can't be that way and still have it uphold the rule of law in this country."
Senators Adam Schiff, D-Calif., and Mark Kelly, D-Ariz., who have also been targeted in separate cases that failed to advance, represent a broader pattern critics say demonstrates selective prosecution against Trump critics. A prior indictment against Comey was dismissed last year after a judge found the prosecutor in that case was wrongly appointed.
What the Numbers Show
The indictment stems from a post made in 2025. According to Blanche's public statements, prosecutors collected evidence over approximately 11 months before presenting the case to a grand jury. The prior criminal case against Comey was dismissed by a federal judge who found the special counsel appointment process flawed. Comey has filed motions arguing the current prosecution amounts to vindictive retaliation for his public criticism of the president.
The Bottom Line
The case raises questions about the boundaries of free speech in the digital age and whether intent can be reasonably separated from interpretation when evaluating online posts involving public figures. Comey's trial, if it proceeds, will require jurors to weigh competing definitions of slang terminology against evidence of intent. His insistence on maintaining a public profile during legal proceedings signals he intends to use the courtroom as both a defense mechanism and a platform for his broader critique of executive power over the Justice Department.