A federal grand jury in North Carolina indicted former FBI Director James Comey on April 28, 2026, charging him with threatening President Donald Trump through a beach photo he posted to Instagram last May — marking the second time the Trump administration has brought federal criminal charges against one of the president's most prominent political rivals.
The two-count indictment charges Comey with threatening the president under federal law and transmitting a threat in interstate commerce. Each count carries a maximum sentence of 10 years in federal prison. The case was filed in the U.S. District Court for the Eastern District of North Carolina, where Comey owns a beach house and where prosecutors say the photo was taken. A federal grand jury has indicted former FBI Director James Comey in a federal case involving a controversial seashell post targeting Donald Trump, according to court documents filed in North Carolina.
Acting Attorney General Todd Blanche announced the charges at a Justice Department press conference on Tuesday. He told reporters that threatening the life of the president will never be tolerated, regardless of who the defendant is. He said the conduct alleged against Comey is the same kind the DOJ will always investigate and prosecute.
"I'm still innocent. I'm still not afraid. And I still believe in the independent federal judiciary — so let's go.
— James Comey, via Substack video response to the indictment
The charges trace back to a single Instagram post Comey made on May 15, 2025. The photo showed seashells on a North Carolina beach arranged into the numbers '86 47.' His caption was simple: 'Cool shell formation on my beach walk.'
Prosecutors say '86' is a slang term for eliminating or killing someone, and that '47' refers to Trump as the 47th president of the United States. The three-page indictment says a reasonable recipient familiar with the situation would read the photo as a serious expression of intent to harm the president. That language mirrors what federal law requires to establish a criminal threat.
When backlash hit, Comey deleted the post. He said in a follow-up statement that it never crossed his mind that anyone would link it to violence. He wrote that he removed it because he opposes violence in any form.
That was not enough to stop an investigation. Then-DHS Secretary Kristi Noem publicly called the post a call for assassination and announced a Secret Service review. Comey later sat through a lengthy interview with Secret Service agents — an uncommon step for any non-specific threat case. He told investigators he found the shells while walking on a North Carolina beach.
Comey's Defense: Political Prosecution, Not a Crime
Comey's attorney, Patrick Fitzgerald, made clear from the start that this fight is heading to trial. At Comey's April 29 court appearance in Alexandria, Virginia — where he self-surrendered one day after the indictment dropped — Fitzgerald told the magistrate judge he intends to file a motion to dismiss the case on the grounds of vindictive prosecution.
Fitzgerald put out a public statement saying Comey vigorously denies the charges and that the defense looks forward to vindicating both Comey and the First Amendment. The motion to dismiss could be the case's first major test, and if granted, it would end the prosecution before it ever reaches a jury.
Comey posted his own video response on Substack, titled 'Seashells.' In it, he pushed back hard — not just on the charges, but on the direction of the Justice Department as a whole. He said this is not who we are as a country and that the DOJ is not operating the way it should. He told his supporters to keep the faith and said the country is getting closer every day to restoring those values.
The case has been assigned to U.S. District Judge Louise Flanagan in the Eastern District of North Carolina. U.S. Magistrate Judge Kimberly Swank is handling early proceedings. Comey's next court date is set for May 11, 2026, in Greenville, NC.
Legal Experts: Prosecution Faces a High Bar
Several legal experts have raised real questions about whether the government can win this case. In 2023, the Supreme Court ruled that to prove a true threat, the government must show that the person who made the statement understood it would be seen as threatening — not just that a reasonable person might read it that way. That is a harder standard to meet, and legal observers say this case may fall short of it.
Michael Moore, a former federal prosecutor who served as U.S. attorney under President Obama, told reporters the photo does not come close to a direct threat. He pointed out that Comey never said he intended to harm anyone, and that the meaning of the post was far from obvious.
The legal challenge goes beyond intent. The phrase '86 47' has been widely used by Trump critics as a protest slogan since his election — making it difficult to argue it carries a single, threatening meaning. Democratic Michigan Governor Gretchen Whitmer appeared during a 2020 television interview with '86 45' displayed behind her. Pro-Trump commentator Jack Posobiec posted '86 46' in 2022, targeting then-President Biden. Neither was investigated, according to available reports. That pattern has prompted questions about whether the Comey prosecution amounts to selective enforcement.
Case Facts at a Glance
Here is where the Comey case stands as of May 4, 2026.
✓ Indictment filed April 28, 2026, Eastern District of North Carolina
✓ Count 1: Threatening the president — 18 U.S.C. § 871(a)
✓ Count 2: Transmitting a threat in interstate commerce — 18 U.S.C. § 875(c)
✓ Maximum sentence: 10 years per count
✓ Comey self-surrendered April 29, 2026; no formal plea entered
✓ Next court date: May 11, 2026, in Greenville, NC
✓ Defense filing motion to dismiss on vindictive prosecution grounds
✓ Assigned judge: U.S. District Judge Louise Flanagan
The case is expected to trigger significant First Amendment legal battles as it moves through the federal court system.
Second Bite at the Apple: Comey's History With the Trump DOJ
This is not the first time the Trump Justice Department has tried to put Comey in a courtroom. In 2025, a grand jury indicted him on charges of lying to Congress and obstruction. That case collapsed when a federal judge dismissed the indictment after ruling the interim U.S. attorney who brought the charges had been appointed illegally. The case never reached trial.
The timing of the new indictment has caught the attention of legal commentators. It was filed just three days after Trump was evacuated from the White House Correspondents' Dinner following a security threat near the event. Administration officials had already been publicly blaming what they called dangerous anti-Trump rhetoric from Democrats, and some moved quickly to tie the Comey post into that narrative.
Trump was asked at the White House whether he genuinely believed Comey threatened his life. He said he sees '86' as a mob term for killing someone and said he probably did feel his life was in danger. Critics pointed to Trump's own record of charged political statements — including a 2016 remark about Second Amendment supporters and Hillary Clinton, and a 2024 social media post showing an image of a hogtied Biden on a truck tailgate — as context that cuts against the prosecution's framing.
The case now sets up what could be a defining First Amendment confrontation in the federal courts. If the motion to dismiss fails and the case moves toward trial, judges will be forced to rule on whether a slang phrase arranged in seashells — one that has been used freely across the political spectrum — can be treated as a federal criminal threat.
Comey has made clear he is not walking away. His legal team, led by attorney Patrick Fitzgerald, is experienced and well-resourced. Civil liberties advocates are watching closely, warning that a successful prosecution on these facts could have a chilling effect on everyday political speech across the country.
We will contest these charges in the courtroom and look forward to vindicating Mr. Comey and the First Amendment.— Patrick Fitzgerald, Attorney for James Comey
As of May 4, 2026, Comey has entered no plea. His next appearance is May 11 in Greenville, North Carolina. Whether this indictment survives the defense's first legal challenge — and what it means for free speech if it does — will define this case for months to come.
