The Justice Department filed new criminal charges against former FBI Director James Comey on Tuesday, stemming from an Instagram post he made while on vacation last year. The post featured seashells arranged to spell out “86 47,” which prosecutors allege was a threat against President Donald Trump. The number 86 is sometimes used as shorthand for getting rid of something, and Trump is the 47th president.
Comey was charged in federal court in the Eastern District of North Carolina with two felonies: making a threat against the president and transmitting that threat across state lines via social media. Each count carries a potential prison sentence of up to five years and a fine. Comey subsequently deleted the post and apologized, stating he did not realize the numbers were associated with violence. “It never occurred to me, but I oppose violence of any kind so I took the post down,” he wrote on Instagram.
The indictment, made public on Tuesday, asserts that a reasonable person “would interpret as a serious expression of an intent to do harm to the President of the United States.” Acting Attorney General Todd Blanche stated at a press conference, “I think it’s fair to say that threatening the life of anybody is dangerous and potentially a crime. Threatening the life of the president of the United States will never be tolerated by the Department of Justice.” Blanche declined to comment on how the DOJ would prove intent, calling such discussion premature.
Comey’s attorney, Patrick Fitzgerald, responded, “Mr. Comey vigorously denies the charges contained in the indictment... We will contest these charges in the courtroom and look forward to vindicating Mr. Comey and the First Amendment.” Later Tuesday, Comey posted a video on his Substack saying, “Well, they’re back. This time, about a picture of seashells on a North Carolina beach a year ago... I am still innocent. I am still not afraid. And I still believe in the independent federal judiciary. So, let’s go.” He added, “It’s really important that all of us remember – this is not who we are as a country, 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.”
Background and Context
The Justice Department previously indicted Comey last year for lying to Congress, but that case was dismissed after a judge ruled the prosecutor was wrongfully appointed. Comey has long been a target of Trump’s ire over his investigation into Trump’s ties to Russia. Trump allies had called for Comey to be punished, and federal law enforcement investigated the Instagram post and interviewed Comey.
The new indictment is the latest instance of Trump’s DOJ targeting political enemies. The department also charged New York Attorney General Letitia James last year on thin allegations of mortgage fraud, which was dismissed for similar reasons. Blanche, who wants the AG job permanently, has moved quickly on investigations into Trump rivals after the president fired Pam Bondi for not being aggressive enough. The DOJ is also accelerating an inquiry into former CIA Director John Brennan and recently filed charges against the Southern Poverty Law Center. A former aide to Anthony Fauci was also charged Tuesday for concealing records on coronavirus research in bats.
These charges come after a California man was stopped with weapons at the White House Correspondents’ Dinner and charged with attempting to assassinate the president. In a separate case, a federal judge ruled that Comey’s daughter, Maurene, could proceed with a wrongful termination lawsuit alleging she was wrongfully dismissed as a federal prosecutor last year.
