Former FBI Director James Comey has been charged with threatening the life of President Donald Trump, stemming from an Instagram post featuring seashells arranged to form the numbers "86 47." The slang term "eighty-six" is often used to mean eject or remove. Comey has maintained he was unaware of the numbers' significance, but Trump and administration officials argue the post threatened the 47th president.
"I'm still innocent, I'm still not afraid, and I still believe in the independent federal judiciary," Comey said in response to the charges.
FBI Director Kash Patel stated at a press conference that Comey, as a former FBI director, "knew full well the attention and consequences of making such a post." Patel accused Comey of "disgracefully encouraging a threat on President Trump's life."
The indictment, filed in federal court, charges Comey with making a threat against the president and transmitting a threat in interstate commerce, each carrying up to 10 years in prison. Acting Attorney General Todd Blanche called threats against the president "a grave violation of our nation's laws."
Comey was fired by Trump during his first term after opening an investigation into Russian election interference. This marks the second time the Justice Department has attempted to prosecute Comey. In November, a judge dismissed a previous indictment for lying to Congress because the prosecutor, Lindsey Halligan, was improperly appointed. Halligan, a former White House aide with no prior prosecution experience, was again involved in this new indictment.
Legal experts have questioned the strength of the case. Constitutional law professor Michael Gerhardt noted the social media post is likely protected free speech under the First Amendment. Former federal prosecutor Jimmy Gurulé called the indictment "an embarrassment to the American criminal justice system," adding that proving intent to threaten would be difficult.
Comey deleted the post after being interviewed by the Secret Service last May, stating he opposed violence and didn't realize the numbers were associated with violence. Trump has since remarked that "a child knows what that meant."
Separately, a judge ruled that Comey's daughter, Maurene Comey, can proceed with her lawsuit challenging her firing by the Trump administration.