Former FBI Director James B. Comey is facing criminal charges over a social media post that the Justice Department alleges constituted a threat against then-President Donald Trump. The case centers on a photograph Comey posted to Instagram in May 2025, showing seashells arranged to read "86 47." The Justice Department interprets "86" as mafia slang for "murder" or "kill," while "47" refers to Trump as the 47th president. Comey has denied any violent intent, describing the use of "86" as restaurant jargon for removing an unruly customer, and his lawyers have argued that the post is protected political speech under the First Amendment.
Court filings from Comey’s defense have unveiled extensive details about the government’s investigation, which sowed controversy over its scope and motivation. Following the posting and quick deletion of the photo, Secret Service agents confronted Comey, monitored his movements from North Carolina to Virginia, and sought to track his cellphone in real time under a request typically reserved for urgent law enforcement circumstances. Internal documents indicate that President Trump personally requested written summaries of Comey’s interview with federal agents, which were sent to him aboard Air Force One. The president publicly stated on Fox News that Comey’s post was an assassination threat, though he denied involvement in directing the investigation.
Legal filings describe the investigation as highly unusual, involving senior officials from the Department of Homeland Security, the Secret Service, and federal prosecutors present during Comey’s interview. The defense portrays the prosecution as selectively vindictive, motivated by Trump’s longstanding animosity toward Comey since he was dismissed as FBI director in 2017.
Investigators endeavored to substantiate the claim that "86" is commonly recognized mafia slang for killing but encountered mixed evidence. They interviewed Salvatore "Sammy the Bull" Gravano, a former Gambino crime family member turned government witness, who told agents that gangsters would not typically use "86" in that way, although he acknowledged Comey’s likely familiarity with the term’s violent connotations from prior prosecutions. Other interviews with retired law enforcement officials and searches of FBI databases yielded inconclusive results regarding the term’s meaning. The Justice Department also relied on the testimony of an estranged former associate of Comey, identified only as "Person-1," who expressed a desire for Comey’s incarceration but did not initially view the post as threatening.
The investigation included efforts to gather evidence from electronic records, including search warrants targeting Comey’s digital accounts. Prosecutors cited an appearance Comey made on a late-night television show, referencing an actress’s description of pre-interviews with producers, to suggest Comey had rehearsed his apology for the post. Comey’s defense accuses prosecutors of withholding critical context and misrepresenting evidence in warrant applications.
The case intensified after the firing of Attorney General Pam Bondi in April 2025, partly attributed to her handling of prosecutions viewed as politically charged. Her replacement, acting Attorney General Todd Blanche, has defended the inquiry, stating prosecutors have additional evidence beyond the photo and intend to prove Comey's intent during trial.
Comey’s attorneys have filed motions to dismiss the charges, arguing the prosecution is a politically motivated retaliation rather than a pursuit of justice. The Justice Department has yet to respond formally, and the trial is scheduled for later this year. Officials have not disclosed the full scope of evidence planned for presentation but maintain confidence in securing a conviction.