A federal judge in North Carolina has issued an arrest warrant for former FBI Director James Comey, following a two-count indictment handed down by a federal grand jury on Tuesday.
The indictment stems from a May 2025 Instagram post where Comey showcased seashells arranged to resemble the numbers “86 47.” Authorities interpreted this post as a potential threat against President Donald Trump, often referred to as the 47th president. The term “86” is commonly understood to mean eliminate or kill.
Though Comey promptly deleted the post, he contended that his intention was to convey a political statement rather than a violent threat. “I didn’t realize some folks associate those numbers with violence,” he stated, asserting his opposition to violence.
The charges against Comey include “knowingly and willfully” threatening to “take the life of, and to inflict bodily harm upon” Trump, as well as transmitting a threat through interstate commerce. Acting Attorney General Todd Blanche addressed reporters alongside FBI Director Kash Patel regarding the warrant’s issuance.
“The Department of Justice does not issue arrest warrants. Grand juries do. And so the grand jury returned an indictment and arrest warrant,” Blanche elaborated, noting that communication with Comey’s representatives was anticipated.
The issuance of the arrest warrant followed standard protocol after the grand jury’s indictment. In federal criminal cases, when a grand jury establishes probable cause, the court typically issues either an arrest warrant or a summons.
An arrest warrant instructs law enforcement to take the individual into custody, while a summons allows for a less invasive requirement to appear in court. The court’s decision depends on various factors, including the severity of the charges and the risk of the defendant fleeing.
It remains uncertain whether U.S. Marshals will take Comey into custody immediately or if he will be permitted to self-surrender. U.S. Marshals or other authorized law enforcement personnel typically execute federal arrest warrants.
This indictment represents the second criminal case against Comey in under a year. In September 2025, a grand jury charged him with making a false statement to Congress and obstructing a congressional proceeding concerning his 2020 testimony regarding FBI investigations linked to the Russian collusion narrative.
Comey pleaded not guilty, with a trial date scheduled for January 2026. However, a federal judge dismissed the earlier case without prejudice in November 2025, citing the lead prosecutor’s unlawful appointment.
If convicted on both counts in the current indictment, Comey could face up to 20 years in federal prison.
