Politics & Government

Ex-FBI director Comey indicted in NC over claim that he threatened to kill Trump

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Key Takeaways

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  • A grand jury in North Carolina indicted Comey for allegedly threatening to kill Trump
  • The indictment cites a photo showing seashells formed into '8647' as the alleged threat.
  • Comey deleted the post, apologized, and has denied the allegations against him.

A grand jury in North Carolina indicted former FBI director James Comey over accusations that he threatened to kill President Donald Trump.

Comey has denied the allegations.

On May 15, 2025, Comey posted a photo on Instagram of seashells on a beach that were formed into the numbers “8647.”

Eighty-six is often used as slang for “get rid of” and Trump is the 45th and 47th president.

Comey wrote that he found the seashell formation during a walk on the beach.

Justice Department officials announced Tuesday that former FBI Director James Comey has been indicted over a photo of seashells officials said threatened President Donald Trump.
Justice Department officials announced Tuesday that former FBI Director James Comey has been indicted over a photo of seashells officials said threatened President Donald Trump. Instagram

“Well, they’re back this time about a picture of seashells on a North Carolina beach a year ago, and this won’t be the end of it, but nothing has changed with me,” Comey said in response to the indictment, in a video aired by CNN. “I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary, so let’s go.”

The grand jury found Comey “did knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States, in that he publicly posted a photograph on the social media site Instagram which depicted seashells arranged in a pattern making out “86 47,” which a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to the President of the United States.”

Ellis Boyle, United States Attorney for the Eastern District of North Carolina speaks as Acting Attorney General Todd Blanche (left) and FBI Director Kash Patel listen at a press conference on April 28, 2026 at the Department of Justice in Washington, DC. Charges were brought against former FBI Director James Comey on Tuesday in an investigation over a photo of seashells arranged on a beach posted to social media, that officials said constituted a threat against President Donald Trump.
Ellis Boyle, United States Attorney for the Eastern District of North Carolina speaks as Acting Attorney General Todd Blanche (left) and FBI Director Kash Patel listen at a press conference on April 28, 2026 at the Department of Justice in Washington, DC. Charges were brought against former FBI Director James Comey on Tuesday in an investigation over a photo of seashells arranged on a beach posted to social media, that officials said constituted a threat against President Donald Trump. Tasos Katopodis Getty Images

Comey also faces charges for allegedly transmitting “in interstate and foreign commerce a communication that contained a threat to kill” Trump.

The indictment and a warrant for Comey’s arrest were issued in federal court in the Eastern District of North Carolina.

Ellis Boyle, U.S. attorney for the Eastern District of North Carolina, stood next to Acting Attorney General Todd Blanche and FBI Director Kash Patel in Washington on Tuesday afternoon as they announced Comey’s charges to the media.

“No one is above the law in Eastern North Carolina,” Boyle said in a written statement. “The Grand Jury examined the evidence in this case and found probable cause to indict Mr. Comey.“

Boyle said his office regularly pursues threats against people, including public officials.

“It doesn’t matter who you are,” Patel told reporters. “We take all threat cases seriously and prosecute anyone who violates federal law, regardless of title or status.”

What is 86?

According to Merriam-Webster Dictionary, the term eighty-six comes from a 1930s soda counter term to indicate an item was sold out. It means to “throw out,” “get rid of” or “refuse service to.” It rhymes with nix.

Merriam-Webster adds that very recently 86 was additionally used to mean “to kill.”

The dictionary entry goes on to say, “we do not enter this sense, due to its relative recency and sparseness of use.”

After backlash to Comey’s photo he deleted the image and apologized.

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

Comey’s previous indictment

Trump called Comey “a dirty cop” on Fox News after the former FBI director posted the image last summer.

Trump recently dismissed Attorney General Pam Bondi, who faced backlash for not going after enough of his political enemies. Blanche quickly replaced Bondi as acting attorney general.

Comey and Trump have a history of conflict, beginning when Comey oversaw an investigation into Russia’s interference in support of Trump in the 2016 election, leading Trump to oust him as FBI director.

This is the second time Comey’s been indicted under Trump’s Department of Justice. Comey was previously indicted on accusations that he lied to Congress in 2020 regarding sources for the media about Russia.

That case was dismissed, but Comey told the public he believed Trump would come after him again.

He had more thoughts in his response aired on CNN Tuesday.

“It’s really important that all of us remember this is not who we are as a country,” Comey said. “This is not how the Department of Justice is supposed to be. And the good news is we get closer every day to restoring those values. Keep the faith.”

This story was originally published April 28, 2026 at 5:40 PM.

Danielle Battaglia
McClatchy DC
Danielle Battaglia is the congressional impact reporter for The News & Observer and The Charlotte Observer, leading coverage of the impact of North Carolina’s congressional delegation and the White House. Her career has spanned three North Carolina newsrooms where she has covered crime, courts and local, state and national politics. She has won two McClatchy President’s awards and numerous national and state awards for her work.
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