Former FBI Director James Comey has been indicted on federal charges after he posted an image of seashells arranged to spell out the number 8647 on Instagram. The case has raised concerns that the U.S. justice system could be used for political retaliation.
In the indictment announced Tuesday, prosecutors accuse Comey of threatening U.S. President Donald Trump and communicating threats in interstate commerce.
Recommended stories
list of 4 itemsend of list
The incident comes amid heightened political tension in Washington after an armed suspect approached a hotel ballroom Saturday night where President Trump was attending the White House Correspondents’ Association gala dinner.
Mr. Trump has long called for the prosecution of his political opponents, taking particular aim at Mr. Comey, who oversaw the initial investigation into whether he collaborated with Russia during the 2016 presidential election.
Trump’s allies have accused Democrats of using fiery political rhetoric to stir up hostility against the president.
What are the charges?
A federal grand jury indicted Comey in North Carolina. He is accused of intentionally threatening the president and communicating a threat in interstate commerce by posting an image of 8647 on the social media platform Instagram last May.
Tuesday’s indictment comes after the Justice Department’s criminal case against Comey collapsed last year.
Acting U.S. Attorney Todd Blanche said the charge carries a maximum penalty of 10 years in prison, but sentences in such cases are often reduced.
Federal prosecutors also obtained an arrest warrant for Comey, who denies wrongdoing.
“I’m still innocent, I’m still not afraid, and I still believe in an independent federal judiciary,” he said in a video posted to Substack titled “Seashells.”
Comey’s lawyer, Patrick Fitzgerald, said Comey will fight the charges in court and protect his constitutional rights.
What does “8647” mean?
The lawsuit centers on an Instagram post Comey shared last May showing seashells arranged to form the number 8647.
Trump and his supporters claim the numbers are a coded call for violence against the president.
The number 47 is generally understood to refer to Trump, who returned to office in January 2025 and became the 47th president of the United States.
This debate focuses on the meaning of “86”.
In American slang, “86” means to remove, reject, or throw away something. It has long been used in restaurants when an item is unavailable or taken off the menu.
Some critics of Comey’s post have argued that the number could imply the violent removal of something or someone, but that interpretation is disputed. Comey said at the time that he did not intend the post to be threatening.
He later deleted the number, not realizing that some people associate it with violence, writing that he opposes violence “of any kind.”
Why is this incident politically important?
Comey has long been one of Trump’s most prominent opponents.
Comey served as FBI director from 2013 to 2017, overseeing an investigation that angered both Democrats and Republicans during the 2016 campaign. President Trump then fired Comey in 2017, a move that sparked major political fallout and intense scrutiny over whether the firing was related to the FBI investigation into Russian interference in the 2016 presidential election that Comey oversaw.
After Comey’s firing, special counsel Robert Mueller took over the Russia investigation.
The investigation lasted nearly two years and revealed that Russia made significant efforts to sway the 2016 election. Although no criminal conspiracy involving Trump or his team was ultimately proven, the incident has long haunted Trump, who denounced it as a “witch hunt.”
Since returning to office, Trump has repeatedly accused political opponents and former officials of wrongdoing, while vowing to dismantle what he calls the “deep state.”
Critics say the latest case against Comey fits into a broader pattern of targeting perceived political opponents.
Trump had publicly urged the Justice Department to take action against Comey and other rivals, including New York Attorney General Letitia James and U.S. Sen. Adam Schiff.
Was there a past lawsuit against Mr. Comey?
yes.
This is the second time Comey has been indicted since President Trump’s second term began.
A few months after the shell controversy, Comey was indicted in Virginia on charges of lying to Congress and obstruction. The case specifically focused on whether he lied to senators during his testimony about the Russia investigation before the Senate Judiciary Committee in 2020.
He denied those charges. The case was later dismissed by a federal judge, who ruled that the prosecutor overseeing the case was not legally appointed. Previous bankruptcies have led to more recent scrutiny of prosecutors.
What happens next?
Mr. Comey’s case was assigned to U.S. District Judge Louise Flanagan of North Carolina.
He is expected to contest the charges and argue that his Instagram posts were not genuine threats and were protected speech.
Legal experts say the biggest question will be whether prosecutors can prove Comey intended to blackmail the president rather than posting political messages that are open to interpretation.
The findings could have implications beyond Comey himself, raising new questions about free speech, prosecutorial independence and the boundaries of political expression in the United States.
