The Justice Department has indicted former FBI Director James Comey for a second time, according to reports Tuesday. The new case centers on allegations that Comey made a threat against President Donald Trump tied to a social media post.
According to CNN, the indictment was confirmed by sources familiar with the matter, though early details about the charges were limited. Later reporting indicated the charges stem from a May 2025 Instagram post showing seashells arranged to form the numbers “86 47.”
Federal prosecutors allege the message amounted to a threat. Acting Attorney General Todd Blanche said during a press conference that “threatening the life of the president of the United States will never be tolerated by the Department of Justice.”
The indictment, filed in the Eastern District of North Carolina, includes one count of “knowingly and willfully making a threat to take the life of and to inflict bodily harm upon the president,” along with a second count tied to transmitting a threat across interstate commerce.
Comey, 65, deleted the post shortly after publishing it and has denied any intent to incite violence. He previously said the image was a “totally innocent” message and that it was “crazy” to interpret it as a call for harm.
“I’m still innocent. I’m still not afraid. And I still believe in the independent federal judiciary, so let’s go,” Comey said in a video statement following the indictment.
His attorney, Patrick Fitzgerald, said Comey “vigorously denies the charges” and plans to fight them in court, adding that the defense looks forward to “vindicating Mr. Comey and the First Amendment.”
The numbers “86 47” have drawn scrutiny because “86” is commonly used slang for removing or getting rid of something, while “47” has been interpreted by some as a reference to Trump’s presidency.
This marks the second time the Justice Department has indicted Comey. In September 2025, he faced charges related to alleged false statements to Congress over media leaks. That case was later dismissed by a federal judge who ruled that the prosecutor involved had been improperly appointed.
Officials say the renewed legal push comes as the DOJ, under Blanche’s leadership, has stepped up efforts to pursue cases tied to threats against public officials. Blanche noted that similar cases have been prosecuted in recent months, including threats directed at other national figures.
The latest indictment also comes against the backdrop of heightened concerns over political violence. Trump has survived multiple assassination attempts in recent years, including incidents during the 2024 campaign and a recent attack at a Washington, D.C., event.
Comey, who was fired by Trump in 2017, has remained a frequent critic of the president. The case now moves to federal court, where prosecutors will attempt to prove that the social media post crossed the line into a criminal threat, while the defense is expected to argue it was protected speech.