As the world now knows, in a since-deleted Instagram post, former FBI Director James Comey shared a photo of seashells arranged to depict the numbers “86 47.” The caption read: “Cool shell formation on my beach walk.”
According to the Oxford English Dictionary, “86” means to “eject or bar (someone) from a restaurant, bar, etc.” or to “reject, discard, or cancel.” The entry further notes that, as a noun, it is used in the service industry to indicate a menu item is unavailable or that a customer is not to be served.
The Urban Dictionary includes those definitions but adds a darker connotation: “It can also refer to ‘killing’ or ‘executing judicially,’ sometimes with a connection to grave dimensions.” Surely, Comey was aware of this interpretation when he crafted his ill-considered post.
Later, likely feigning surprise at having just learned of the term’s more sinister connotation, he deleted his original post. In a follow-up, he wrote: “I didn’t realize some folks associate those numbers with violence. It never occurred to me, but I oppose violence of any kind, so I took the post down.”
Given that there have already been two assassination attempts against President Donald Trump, our 47th president, this was no laughing matter. The former FBI director should have known better.
One could argue that Comey’s intention was to provoke a mentally unstable individual into committing an act of violence against the president. And while that may be true, such a charge would be impossible, or at least extremely difficult, to prove in a court of law. I am not a lawyer, but it seems to me that, ultimately, he was exercising his right to free speech.
Although Comey was widely—and rightly—criticized on social media for his post, Republicans are now literally making a federal case out of it. Did they forget that MAGA supporters were buying “86 46” hats and t-shirts during the Biden administration? Although this merchandise wasn’t sold by the Trump campaign, I don’t recall any complaints from the GOP.
And Republicans have used the term “86” themselves.
Just as Democrats’ misguided sympathy for an MS-13 gang member was politically costly, the Trump administration’s aggressive push to prosecute Comey risks overreach and could end up making them look foolish.
Weighing in on the post, Director of National Intelligence Tulsi Gabbard told Fox News that Comey belongs “behind bars.”
“Any other person with the position of influence that he has, people who take very seriously what a guy of his stature, his experience and what the propaganda media has built him up to be, I’m very concerned for the president’s life,” she said.
“We’ve already seen assassination attempts. I’m very concerned for his life. And James Comey, in my view, should be held accountable and put behind bars for this.”
On Friday, Department of Homeland Security Secretary Kristi Noem announced on X that Secret Service agents had “interviewed disgraced former FBI Director Comey regarding a social media post calling for the assassination of President Trump.” [Emphasis added.]
Asked about the post during a Friday evening interview with Fox News, Trump called Comey “a dirty cop” and that he is.
As FBI director, he abused his power to undermine Trump’s chances of winning the 2016 election. Under his leadership, the FBI launched Crossfire Hurricane—a dubious counterintelligence investigation into alleged ties between Trump and the Kremlin. That inquiry ultimately led to Robert Mueller’s 22-month special counsel probe. Subsequent reviews into the origins of both investigations concluded that neither had a legitimate predicate.
Comey authorized the use of informants inside the Trump campaign. Despite knowing that the Steele dossier was opposition research funded by Hillary Clinton’s campaign and the Democratic National Committee, he used it as the central basis for an application—and three subsequent renewals—for a FISA warrant to surveil low-level Trump campaign advisor Carter Page, thus gaining access to internal campaign communications.
After Trump’s unexpected victory, Comey set out to destroy his presidency. During the 2017 transition, he famously briefed then-President-elect Trump on the Steele dossier, describing it as “unverified and salacious.” He then informed former CIA Director John Brennan that Trump had been briefed. Brennan, in turn, signaled to the media that it was safe to run the story. BuzzFeed promptly published the full dossier, triggering a media firestorm. This was merely the first of many betrayals that would follow.
If not for the fact that the media was in on it, Comey’s treasonous behavior throughout his last year in office would have been the story of the century.
His actions at that time were deplorable and dishonorable. His comments to the media since that time have been reprehensible as well. But, as reckless as his Instagram post was, it is not a hill worth dying on for the Republicans.
Elizabeth writes commentary for Legal Insurrection and The Washington Examiner. She is an academy fellow at The Heritage Foundation. Please follow Elizabeth on LinkedIn or X.
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