Former FBI Director James B. Comey has been indicted by a federal grand jury in North Carolina on charges related to a social media post he made in 2025, which prosecutors allege constituted a threat against then-President Donald Trump. The indictment includes one count of making threats against the president and another count of transmitting a threat across state lines.

The controversy centers on an Instagram photo Comey posted nearly a year ago showing the numbers “86 47” arranged in seashells on a beach, accompanied by the caption, “Cool shell formation on my beach walk.” Supporters of Trump argued the imagery was a coded message calling for violence against the 47th president, noting “86” is slang often used to mean “remove” or “get rid of.” Trump and his allies described the post as a threatening “mob term,” though Trump later downplayed this interpretation when questioned directly. Comey swiftly deleted the post following criticism and issued an apology, stating he did not intend a threat and condemns all violence.

Comey appeared briefly in court following the indictment, where a judge declined to impose any travel restrictions or other release conditions. The former FBI director is scheduled to enter a plea in upcoming proceedings in North Carolina.

Legal experts remain divided on the strength of the government’s case. Prosecutors maintain that Comey knowingly posted the message as a threat, while Comey’s defense team contends the indictment represents vindictive and selective prosecution, part of what they describe as the Justice Department’s politicization under Trump. Several analysts have noted that political speech or hyperbole unaccompanied by intent to cause harm typically falls under constitutional free speech protections.

This indictment follows an unsuccessful prosecution attempt last year related to Comey’s 2020 congressional testimony, which was dismissed on procedural grounds involving the appointment of special prosecutors. The Justice Department is appealing that dismissal. Comey’s legal representatives have indicated they will file motions seeking to dismiss the current charges as well.

Comey served as FBI director after being appointed by President Barack Obama and was dismissed by Trump in 2017 amid the handling of the Russia investigation. Since leaving the bureau, Comey has been an outspoken critic of Trump and his administration. The current case has drawn attention in the broader context of Trump’s ongoing efforts to use law enforcement mechanisms in disputes with political opponents.

The proceedings are ongoing with further court dates expected as Comey prepares his defense.