Former FBI Director James Comey is set to surrender to law enforcement on Wednesday, following a new federal indictment that accuses him of threatening President Donald Trump. The charges stem from a now-deleted Instagram post showing seashells arranged on a beach to spell out the numbers “86-47.”
A grand jury in North Carolina returned a two-count indictment, alleging Comey knowingly and willfully issued a threat against the life of the president. The number “86” is slang for removing or discarding someone, and Trump is the 47th president, leading prosecutors to argue the image was a veiled death threat.
Comey, who has been a vocal critic of Trump since his firing in 2017, said in a video Tuesday that he remains innocent and unafraid. “I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary — so let’s go,” he declared, echoing his long-standing defiance.
Reports from CNN and ABC News indicate Comey will surrender at a federal courthouse in the Eastern District of Virginia. The Hill has reached out to his attorney for comment. This marks the second time Trump’s Justice Department has secured an indictment against Comey. A previous case involving false statements and obstruction related to 2020 congressional testimony about FBI leaks was dismissed over an unlawful prosecutor appointment; the administration has appealed that ruling.
Acting Attorney General Todd Blanche defended the prosecution at a press conference Tuesday, framing it as part of a broader crackdown on threats against public officials. “Threatening the life of the president of the United States will never be tolerated by the Department of Justice,” Blanche said. “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.”
The indictment has drawn sharp political reactions. Some GOP lawmakers have called the seashell post “dangerous speak,” while Democrats like Representative Jamie Raskin have slammed the charges as a “surreal” political vendetta. Legal analysts, including George Washington University law professor Jonathan Turley, have warned the case sets a dangerous precedent for free speech, arguing it could trap prosecutors in subjective interpretations of intent.
Comey’s feud with Trump dates back to his firing as FBI director in 2017, which became a central element of special counsel Robert Mueller’s investigation into obstruction of justice related to Russian interference in the 2016 election. Since then, Comey has remained a prominent antagonist of the president, frequently criticizing his actions in public forums.
The DOJ has linked the case to a broader effort to curb political violence, with officials emphasizing that threats against any elected official, regardless of party, will be prosecuted. However, critics argue the charges are selective and politically motivated, pointing to the unusual nature of a seashell photo being treated as a credible threat.
