James Comey charged with Trump threat in 8647 seashell post

Former FBI Director James Comey was charged Tuesday with threatening President Donald Trump’s life when he posted an image of seashells spelling out “8647” on his Instagram account last year, a federal indictment showed.

The indictment returned by a federal grand jury marks the second time that Comey has been indicted since Trump’s second presidential term began.

The charges came three days after Trump was evacuated from the White House Correspondents’ Dinner after an alleged assassin ran toward the ballroom where the event was being held. The Trump administration and its allies have accused Democrats of inciting the attack by spreading incendiary rhetoric about Trump.

Comey, whom Trump has long viewed as a foe, faces one count each of threatening the president and transmitting a threat in interstate commerce, according to the indictment filed in North Carolina.

Each count carries a maximum sentence of 10 years in prison, acting Attorney General Todd Blanche said at a press conference later Tuesday. Actual sentences are often far lower than the maximums.

An arrest warrant for Comey, requested by federal prosecutors, has been issued, according to his case docket.

Comey, in a video response to the indictment on Substack entitled “Seashells,” said, “I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary, so let’s go.”

“But it’s really important that all of us remember that 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.”

Comey’s lawyer, Patrick Fitzgerald, in a statement said, “Mr. Comey vigorously denies the charges contained in the Indictment filed in the Eastern District of North Carolina.”

“We will contest these charges in the courtroom and look forward to vindicating Mr. Comey and the First Amendment,” Fitzgerald said.

The case has been assigned to U.S. District Judge Louise Flanagan, who was appointed to the federal court in eastern North Carolina in 2003 by former President George W. Bush.

The indictment quickly drew heated accusations that the Department of Justice was being weaponized to appease Trump by targeting his political enemies.

Jimmy Gurulé, a University of Notre Dame Law School professor and former federal prosecutor, called the indictment “an embarrassment to the American criminal justice system.”

“The damage to the credibility, integrity and reputation of the U.S. Department of Justice may be immeasurable,” he said in an email to CNBC. “Every DOJ lawyer that played a role in returning this frivolous indictment should be ashamed.”

Senate Judiciary Committee ranking member Dick Durbin, D-Ill., said in a statement, “Just like the last baseless indictment against Mr. Comey, this is another case of a weaponized Justice Department lashing out on behalf of a vengeful President.”

But Blanche said at the press conference that the DOJ is treating Comey the same as it would anyone accused of threatening the president.

“Threatening the life of the President of the United States will never be tolerated by the Department of Justice,” he said. “While this case is unique and this indictment stands out because of the name of the defendant, his alleged conduct is the same kind of conduct that we will never tolerate.”

Trump had accused Comey of “calling for the assassination of the president” by sharing the image of the numbers in the May 15 post.

“Eighty-six” is a term often used in the restaurant industry when a menu item is discontinued. The Merriam-Webster online dictionary says it can more broadly mean “to eject, dismiss, or remove (someone).”

Trump is the 47th U.S. president.

Comey at the time denied he was threatening Trump with the seashell post, writing in a follow-up, “I didn’t realize some folks associate those numbers with violence.” He said he deleted it anyway because “I oppose violence of any kind.”

The Trump administration investigated Comey over the social media post, but no charges were immediately brought.

Around four months later, however, he was indicted in Virginia on one count each of making a false statement to Congress and obstruction.

Comey denied the charges, which were brought under Lindsey Halligan, a former personal lawyer for Trump who was installed as interim U.S. attorney for the Eastern District of Virginia.

In November, a federal judge dismissed the criminal case against Comey after ruling that Halligan was unlawfully appointed.

Blanche noted Tuesday that the charges in the latest Comey case carry a five-year statute of limitations.

Comey is one of many of Trump’s perceived enemies who have been indicted or federally investigated since the president returned to office in January 2025.

Trump, in a September social media post, openly urged then-Attorney General Pam Bondi to take action against Comey, New York Attorney General Letitia James, and Sen. Adam Schiff, D-Calif., claiming “they’re all guilty as hell.”

James was indicted weeks later on charges of bank fraud and making false statements to a financial institution. Her case was also dropped when Halligan’s appointment was invalidated.

The DOJ investigated Schiff on mortgage fraud allegations, but a federal prosecutor reportedly said she did not believe there was sufficient evidence to charge him.

Trump fired Bondi on April 2, following reports that the president was increasingly frustrated with her efforts to pursue his foes, as well as her handling of files related to late sex offender Jeffrey Epstein.

Blanche, a former Trump criminal defense lawyer who was serving as deputy attorney general, has taken over the DOJ in an acting capacity.

White House chief of staff Susie Wiles admitted in a 2025 Vanity Fair interview that Trump has engaged in “retribution” against his enemies since his return to office.