Comey indicted again on charges stemming from Instagram post

Washington — A federal grand jury indicted former FBI Director James Comey on Tuesday for allegedly making threats against the president, marking the second time he will be prosecuted by President Trump’s Justice Department. 

The indictment charges Comey with two counts: knowingly and willfully making a threat to take the life of — and to inflict bodily harm on — the president, and second, knowingly and willfully transmitting in interstate commerce a threat to kill the president. CBS News reported that Comey was facing charges again hours before the indictment was issued. 

The charges stem from an image he briefly shared to Instagram last year that showed seashells arranged in the sand to form the numbers “86 47,” sources had previously told CBS News. The indictment states that a “reasonable recipient who is familiar with the circumstances” would interpret the depiction of the shells in the photo “as a serious expression of an intent to do harm to President Trump.”

Comey was indicted in the Eastern District of North Carolina. The indictment is signed by Assistant U.S. Attorney Matthew Petracca, and the case is assigned to Judge Louise Wood Flanagan. A warrant for Comey’s arrest was also issued.

“Threatening the life of anybody is dangerous and potentially a crime,” Acting Attorney General Todd Blanche said of the indictment during a news conference Tuesday. “Threatening the life of the president of the United States will never be tolerated by the Department of Justice.”

Comey — a frequent Trump critic with whom the president has clashed for years — pushed back on the charges in a video posted to Substack shortly after the indictment was made public, saying, “this is not who we are as a country” and “this is not what the Department of Justice is supposed to be.”

“I’m still innocent, I’m still not afraid and I still believe in the independent federal judiciary. So, let’s go,” he said.

His attorney Patrick Fitzgerald reiterated in a statement that Comey “vigorously denies the charges” in the indictment and said, “We will contest these charges in the courtroom and look forward to vindicating Mr. Comey and the First Amendment.”

Blanche said that while the case stands out because it involves Comey, his “alleged conduct is the same kind of conduct that we will never tolerate and that we will always investigate and regularly prosecute.”

He said the investigation has been underway for roughly a year and remains ongoing.

“You are not allowed to threaten the president of the United States,” Blanche said. “That’s not my decision. That’s Congress’ decision in a statute that they passed, that we charge multiple times a year.”

U.S. Attorney W. Ellis Boyle said Comey will be given “every form of due process” that all citizens are entitled to receive. 

“In the Eastern District of North Carolina, it doesn’t matter who you are,” he said. “We take all threats cases seriously and prosecute anyone who violates federal law, regardless of title or status.”

Comey was interviewed last May by Secret Service agents about the post. Then-Homeland Security Secretary Kristi Noem said at the time that the former FBI leader had “just called for the assassination” of the president and said the Secret Service would investigate and “respond appropriately.”

CNN first reported that Comey had been indicted again.

The image shared by Comey sparked outrage from Mr. Trump’s supporters, who interpreted “47” as referring to his status as the nation’s 47th president and “86” as meaning “eject” or “remove.” Comey deleted the photo and wrote in an Instagram post that he believed the shell formation was communicating a “political message.” 

“I didn’t realize some folks associate those numbers with violence,” Comey wrote. “It never occurred to me but I oppose violence of any kind so I took the post down.”

FBI Director Kash Patel said that the grand jury was informed that Comey deleted the post after it was shared and issued a subsequent statement stating he didn’t connect the numbers with violence.

“Mr. Comey will have his day in court,” Patel said.

He said the investigation has been underway for roughly a year and remains ongoing.

In a statement posted to social media later Tuesday, Patel said: “James Comey disgracefully encouraged a threat on President Trump’s life and posted it on Instagram for the world to see. As the former Director of the FBI, he knew full well the attention and consequences of making such a post. This FBI and our DOJ partners pursued a rigorous investigation that followed the facts – and now Mr. Comey will be held fully accountable for his actions.” 

Mr. Trump has consistently voiced his anger at Comey since he fired him from his post at the FBI in 2017, during his first term. In a September post to Truth Social, the president told then-Attorney General Pam Bondi “we can’t delay any longer” and urged her to take action against Comey, New York Attorney General Letitia James and Sen. Adam Schiff, a California Democrat. 

Bondi was ousted as attorney general earlier this month and Blanche, her deputy, was installed as acting attorney general.

Comey was first indicted by a federal grand jury in late September on charges he lied to Congress during testimony in September 2020 and obstructed a congressional proceeding. He pleaded not guilty.

The case — as well as criminal charges against James, the New York attorney general — was dismissed in November when a federal judge found that Lindsey Halligan, the top prosecutor in eastern Virginia who secured the indictments against Comey and James, had been unlawfully appointed to the job.

The Justice Department appealed that decision. Halligan left her post at the Justice Department in January.