The Department of Justice (DOJ) is intensifying its legal efforts against former FBI Director James Comey, urging a federal judge to reject his motion to dismiss criminal charges. The prosecution alleges that Comey used a cryptic Instagram post featuring seashells arranged to form “86 47” as a veiled threat against President Donald Trump. Notably, prosecutors are leveraging Comey’s own fictional work, “FDR Drive,” suggesting that the former director, much like a character in his novel, employed coded messages to incite followers against a perceived adversary.

The controversial Instagram post, shared by Comey in May 2025, depicted seashells on a North Carolina beach forming the numbers “86 47.” According to a filing by U.S. Attorney W. Ellis Boyle’s office in the U.S. District Court for the Eastern District of North Carolina, this sequence was a coded instruction meaning “kill” or “get rid of” President Trump. The filing asserts that an objective viewer would interpret the post as a direct threat. While Comey has acknowledged that “47” refers to President Trump, the interpretation of “86” remains a key point of contention. Prosecutors cite dictionary definitions of “86” that include “to kill” or “to murder,” alongside its more common hospitality industry meaning of “to throw out” or “no longer available.”

Comey’s legal team, however, vehemently denies any intent to threaten violence. They argue that “86 47” is a widely recognized political slogan expressing opposition to the president, not a call to violence. His attorneys highlight that “86” is primarily understood in the restaurant industry to mean an item is unavailable. They also point to FBI searches, including those using Google AI and ChatGPT, which yielded varying results for “86,” with some indicating that law enforcement officials rarely associate it with murder and that dictionaries don’t widely recognize a violent meaning. The defense characterizes the prosecution as vindictive and selective, given Comey’s history as a vocal critic of Trump, who famously fired him as FBI director in 2017.

This current legal battle follows a previous indictment against Comey in September 2025, related to alleged false testimony before the Senate Judiciary Committee. That case was dismissed in November after a judge ruled that Lindsey Halligan, a former personal lawyer for Trump, was unlawfully appointed as U.S. attorney and lacked the authority to secure the indictment. The ongoing proceedings underscore the persistent legal challenges and political tensions surrounding the former FBI chief.

Key Takeaways

• The Department of Justice is prosecuting former FBI Director James Comey over an Instagram post ("86 47") interpreted as a coded threat against President Donald Trump.
• Prosecutors are using Comey's own fictional novel, "FDR Drive," as evidence, suggesting he intended to send coded messages to incite followers.
• Comey's defense argues that "86 47" is a political slogan, "86" has non-violent meanings, and the prosecution is vindictive and selective.

Editor’s Analysis & Impact

This case carries significant implications for the interpretation of online communications, particularly from public figures. The DOJ’s use of a fictional work to establish intent sets a notable precedent, potentially broadening the scope of evidence considered in digital threat cases. The outcome could influence how public figures communicate online and how law enforcement monitors and interprets such content. Furthermore, the highly politicized nature of the individuals involved—James Comey and Donald Trump—adds a layer of complexity, raising questions about potential political motivations behind legal actions and defenses. This legal battle underscores the ongoing tension between free speech and the perceived incitement of violence in the digital age, with potential ramifications for future legal standards regarding online expression.

Frequently Asked Questions

Q: What is the "86 47" post at the center of the case?
A: The "86 47" post refers to an Instagram photo shared by James Comey in May 2025, depicting seashells arranged to form these numbers. Prosecutors interpret this as a coded threat to "kill President Trump," while Comey's defense argues it's a political slogan expressing opposition.

Q: How is James Comey's novel relevant to the prosecution?
A: The Department of Justice is citing Comey's fictional book, "FDR Drive," as evidence. Prosecutors suggest that Comey, similar to a character in his novel, used coded messages to incite followers against an enemy, thereby implying intent behind his "86 47" Instagram post.

Q: What is Comey's defense against these charges?
A: Comey's attorneys contend that "86 47" is a well-known political slogan, not a threat of violence. They argue that "86" primarily refers to an item being unavailable in the hospitality industry, not murder, and that the prosecution is vindictive and selectively targeting Comey due to his past criticisms of President Trump.