Former FBI Director James Comey surrendered to law enforcement a day after a federal grand jury indicted him for allegedly making threats against President Donald Trump. The indictment marks the second time Comey will be prosecuted by the second Trump administration’s Justice Department (DOJ).
According to CBS News, the indictment charges Comey with one count of willfully making a threat to take the life of the president and for knowingly and willfully transmitting in interstate commerce a threat to kill President Trump.
In his first appearance in the Eastern District of Virginia federal court, Comey – represented by former U.S. Attorney for the Northern District of Illinois, Patrick Fitzgerald, and Criminal Defense Attorney, Jessica Carmichael – chose not to enter a plea agreement.
Federal Magistrate Judge William E. Fitzpatrick allowed Comey to leave the court with no conditions of release after briefly reading his charges. Judge Fitzpatrick also denied the DOJ's attempt to set conditions of release.
"I don't think conditions on release are necessary in this case," Judge Fitzpatrick stated, adding that "they weren't necessary last time" Comey was arraigned.
Comey's '86 47' Seashell Post
Comey’s charges stem from an image he posted to Instagram in May 2025, of several seashells on a beach spelling out the numbers “86 47.” In the post’s caption, Comey wrote, “Cool shell formation on my beach walk.”
The indictment states that a "reasonable recipient who is familiar with the circumstances" would interpret the shell formation "as a serious expression of an intent to do harm to President Trump."
According to CNN, the charges were initially brought in the Eastern District of North Carolina, but Comey appeared in Alexandria, Virginia, due to its proximity to where he lives.
President Trump's Reaction to Indictment
“‘86’ is a mob term for ‘kill him.’ They say 86 him! 86 47 means ‘kill President Trump.’James Comey, who is a Dirty Cop, one of the worst, knows this full well! EIGHT MILES OUT, SIX FEET DOWN! Didn’t he also lie to the FBI about this??? I think so!” President Trump issued in a post via Truth Social.
