On Tuesday, the Justice Department revealed that James Comey, the former FBI Director, has been indicted for a second time within the same year. Various news outlets have reported that a federal grand jury reached this decision regarding a social media posting Comey made nearly a year ago.
The indictment arises from an Instagram post in which Comey displayed seashells on a North Carolina beach, arranged to resemble the numbers “86 47,” accompanied by a caption that read, “cool shell formation on my beach walk.”
Following considerable backlash, Comey removed the post the same day. He later stated, “I posted earlier a picture of some shells I saw today on a beach walk, which I assumed were a political message. I didn’t realize some folks associate those numbers with violence. It never occurred to me but I oppose violence of any kind so I took the post down.”
Interpreted as a Threat
Officials from the administration interpreted the post as a potential threat. The term “86” can be slang for eliminating something, while “47” denotes Donald Trump’s position as the 47th president.
Former Homeland Security Secretary Kristi Noem remarked that the Department of Homeland Security and the Secret Service were investigating the situation and would react accordingly.
Previous Indictments
This marks the second indictment against Comey by the Justice Department under the current administration. In September 2025, he faced charges for making a false statement to Congress and obstructing a congressional proceeding.
These charges related to his testimony before the Senate Judiciary Committee in September 2020 about various FBI leaks and anonymous sources, particularly concerning the unfounded Russian collusion investigation.
In November 2025, a federal judge dismissed the indictment, determining that the U.S. attorney responsible for the charges had been unlawfully appointed, having bypassed necessary Senate approval protocols.
The dismissal was without prejudice, leaving the door open for the government to refile the case with a properly appointed prosecutor.
