Sen. Thom Tillis (R-N.C.) expressed skepticism Wednesday about the Justice Department’s latest indictment of former FBI Director James Comey, saying he hopes prosecutors have more than what he described as “just a picture in the sand” to support the charges.
Comey was indicted Tuesday on allegations that he threatened President Trump by posting a photo of seashells arranged to read “86 47” on social media nearly a year ago. Federal prosecutors argue the post was a coded call for violence against the 47th president, noting that “86” is slang for removing or discarding someone.
“Hopefully there’s more to it than just the picture in the sand,” Tillis told reporters. “Otherwise, I just think it’s another example where we’re going to regret this because we’re setting a fairly low bar.”
The Republican senator, who has often criticized the Justice Department’s handling of politically sensitive cases, warned that prosecuting such a thin case could backfire. “Political physics … is what it is for every action, there’s equal and opposite reaction,” he said. “Maybe there’s a deep history and the use of this word and communicated, I just can’t find it anywhere right now.”
Tillis’s reaction aligns with that of Democrats, including Rep. Jamie Raskin (D-Md.), who called the indictment “surreal and absurd.” The bipartisan unease underscores the political volatility of a case that critics say stretches the boundaries of free speech and prosecutorial discretion. Legal scholar Jonathan Turley has warned that the indictment sets a free speech trap for prosecutors.
Comey, who led the FBI’s investigation into Trump’s 2016 campaign ties to Russia, responded to the new charges Tuesday by declaring his innocence. “I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary. So let’s go,” he said in a video posted to Substack. He added, “It’s really important that all of us remember this is not who we are as a country. This is not how the Department of Justice is supposed to be.”
The former FBI director has said he intended the seashell arrangement as a “political message” and did not realize the numbers could be interpreted as a threat. He deleted the post after the backlash. The indictment comes on the heels of what authorities call the third assassination attempt on Trump, which occurred over the weekend at the White House Correspondents’ Association dinner.
Acting Attorney General Todd Blanche defended the charges at a Tuesday press conference, stating, “Threatening the life of the president of the United States will never be tolerated by the Department of Justice.” He noted that the department has charged dozens of threat cases over the past year. Blanche denied the indictment was an audition for the attorney general role.
Comey previously faced perjury and obstruction charges related to testimony he gave to Congress in 2020 about FBI leaks, but that case was dismissed due to the unlawful appointment of the prosecutor who brought it. The new indictment has drawn comparisons to that dismissed case, with critics accusing the DOJ of pursuing a vendetta. Former FBI Deputy Director Andrew McCabe dismissed the new charges as a misstep and warned of Trump’s “retribution” campaign.
