The Department of Justice has indicted former FBI Director James Comey for a second time, this time over a 2025 social media post featuring seashells arranged to display "86 47" — a reference Republicans interpreted as targeting President Trump, the 47th president.
The charges stem from Comey's social media activity in 2025, where the former FBI chief posted an image showing seashells deliberately arranged to form the numbers "86 47." The phrase "86" is slang meaning to remove or eliminate something, while 47 refers to Trump's position as the 47th president of the United States.
This marks the second federal indictment against Comey, who served as FBI director from 2013 to 2017 before Trump fired him. The former FBI chief has remained a vocal critic of Trump throughout and after his presidency, frequently posting commentary on social media platforms.
Republican lawmakers had flagged the seashell post when it first appeared, arguing it represented a veiled threat against the sitting president. The DOJ's decision to pursue criminal charges suggests prosecutors believe they can prove criminal intent behind what Comey may claim was artistic expression or political commentary.
The timing proves particularly sensitive given ongoing debates about free speech, political expression, and the weaponization of federal law enforcement. Critics of the prosecution will likely argue the DOJ is criminalizing protected political speech, while supporters contend that former federal officials should be held to higher standards when their statements could be interpreted as threatening.
Legal experts previously called similar charges against Comey "facially unconstitutional," raising questions about whether these prosecutions will survive First Amendment challenges in federal court.
The case also highlights the broader political tensions surrounding Trump's return to office and the treatment of his critics within the federal bureaucracy. Comey's dismissal as FBI director in 2017 sparked significant controversy and multiple investigations, making him a lightning rod figure in debates over executive power and law enforcement independence.
For American taxpayers, the prosecution raises questions about prosecutorial resources and priorities. Federal prosecutors must now prove beyond a reasonable doubt that arranging seashells in a specific pattern constitutes a federal crime — a case that will likely require significant time and money to pursue through the courts.
The DOJ has not yet announced when Comey will be arraigned on the new charges or provided details about which specific federal statutes prosecutors believe the seashell post violated. Legal observers expect Comey's defense team to file immediate motions challenging the charges on First Amendment grounds.
This is a developing story and will be updated.
