The Photo: In May 2025, Comey posted a picture on Instagram of seashells spelling out "86 47" that he encountered during a beach walk.

The Controversy: Critics and Trump allies argued "86" (slang for getting rid of or throwing out) combined with "47" (referencing Donald Trump as the 47th president) implied a violent threat.

Comey's Response: Comey quickly deleted the post, stating he assumed it was a benign political message and did not realize some people associated the numbers with violence.

Legal Action: The Justice Department pursued an indictment charging Comey with threatening the president. Comey's legal team moved to dismiss the case, characterizing it as a politically motivated and vindictive prosecution.

As of August 11, 2026, James Comey is still facing federal criminal charges over the incident involving the “86 47” seashell photograph.

• In April 2026, a federal grand jury indicted Comey on two counts: threatening the president under 18 U.S.C. § 871 and transmitting a threat in interstate commerce under § 875(c). Prosecutors allege that his Instagram image of seashells spelling “86 47” could reasonably be understood as a threat against President Donald Trump. (Department of Justice)

• Comey denies that he threatened Trump and has argued that the prosecution is politically motivated and violates his First Amendment rights. His lawyers have sought to have the case dismissed. (Carolina Journal)

• The case has not been dismissed. Current reporting indicates it is proceeding toward a federal trial in North Carolina, reportedly scheduled for October 2026. (LegalClarity)

• Importantly, an indictment is only an accusation—Comey is presumed innocent unless proven guilty. (Department of Justice)