NEW BERN, NORTH CAROLINA — The charges stem from an Instagram photo Comey posted showing seashells arranged to spell "8647." Prosecutors allege the image constituted a serious expression of intent to do harm to the President. The indictment includes two federal counts related to the social media post, which was shared with approximately 200,000 followers.

Comey's legal team filed motions to dismiss the case, arguing the prosecution lacked a 'true threat' and was politically motivated. The defense contends the case constitutes a campaign to punish protected speech driven by President Donald Trump's animus. Lawyers for the former FBI director also argued that investigators misled judges, submitted documents with false statements, and withheld key facts.

The U.S. Department of Justice distanced Attorney General Todd Blanche from the indictment, stating that U.S. Attorney Ellis Boyle made the charging decision independently. Lead prosecutor Matthew Petracca left the prosecution team in May 2026. Comey has not yet entered a plea in the case.

Timeline

In May, the Instagram post was shared with approximately 200,000 followers. A federal grand jury indicted James Comey on charges related to the photo in May.

On September 25, 2026, U.S. District Judge Louise Flanagan delayed the arraignment of former FBI Director Comey until January 2027. On the same date, Judge Louise Flanagan stated that the gravity of the charges, pending motions, and the need for defense preparation time necessitated a continuance.

What's New

Additional reporting indicates Comey deleted the Instagram post after receiving backlash, including a text from an estranged relative arguing that "86" implied violence against Trump. Prosecutors interpreted the post as a 'serious expression of an intent to do harm' to the President, per the indictment’s legal standard. The post was viewed by an estimated 200,000 Instagram followers and millions of secondary social media users, News.

Comey’s legal team filed over 100 pages of motions to challenge the prosecution, arguing the case lacked a 'true threat' and was politically motivated. Comey is charged with knowingly disseminating a death threat against President Donald Trump. He stated he did not know the term "86" was associated with violence. The U.S. Department of Justice’s indictment cited the seashell post as a 'serious expression of intent to do harm' to the President, despite Comey’s claim he did not associate "86" with violence.

Why It Matters

The case centers on whether a symbolic social media post constitutes a criminal threat under federal law. Comey served as Deputy Attorney General under President George W. Bush and was confirmed by the Senate with a 93-1 vote in 2013, according to court filings. His legal team claims the prosecution is selective and vindictive, showing the alleged bias of a key witness, an estranged associate who expressed hope that Comey would go to jail.

The outcome may influence how courts interpret digital communications and political speech. The U.S. Department of Justice maintains the charging decision was independent, while the defense argues the process was weaponized. With the arraignment set for January 2027, the legal battle over the definition of a true threat will continue.