Prosecutors Allege James Comey ‘Knowingly’ Threatened Trump With ‘8647’ Post
“knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States, in that he publicly posted a photograph on the internet social media site Instagram…”
*UPDATE 5:19 PM* We have the indictment! A grand jury in the Eastern District of North Carolina has issued an arrest warrant for former FBI Director James Comey.
The indictment lists two charges related to the “8647” Instagram post:
- Title 18, United States Code, Section 871(a) – Whoever transmits in interstate or foreign commerce any communication containing any demand or request for a ransom or reward for the release of any kidnapped person: knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States, in that he publicly posted a photograph on the internet social media site Instagram which depicted seashells arranged in a pattern making out “86 47”, which a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to the President of the United States.
- Title 18, United States Code, Section 875(c) – Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another: knowingly and willfully did transmit in interstate and foreign commerce a communication that contained a threat to kill the President, Donald J. Trump, specifically, by publicly posting a photograph on the internet social media site Instagram which depicted seashells arranged in a pattern making out “86 47”, which a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to President Trump.
Acting Attorney General Todd Blanche did not divulge any information regarding evidence when asked how prosecutors will prove intent. He said the DOJ brought charges after an extensive investigation.
***Previous reporting….
The DOJ indicted former FBI Director James Comey for the second time, according to CNN, citing “two sources familiar” with the situation.
Fox News’s David Spunt reported that the indictment revolves around his “8647” Instagram post.
The New York Times also wrote that Comey has been indicted over the Instagram post.
BREAKING: @FoxNews colleague @davidspunt reports that former FBI Director James Comey has been indicted again in relation to his "8647" seashell post on Instagram last year.
— Bill Melugin (@BillMelugin_) April 28, 2026
CNN did not cite much information about the indictment.
The DOJ first indicted Comey in September for allegedly making false statements and obstructing a congressional proceeding.
But then, in November, U.S. District Judge Cameron Currie disqualified interim Lindsey Halligan of the Eastern District of Virginia.
The disqualification led Currie to dismiss criminal cases against former FBI Director James Comey and New York Attorney General Letitia James.
Let’s get into the 8647 Instagram post. Elizabeth wrote about the picture last May:
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.
Elizabeth argued the fury over the post was way overblown considering the immense damage Comey inflicted on the FBI and DOJ. I completely agreed with her then and I still do.
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Comments
Get the next court date out on the American side of the beltway, way outside.
If all the Feds have is an 8647 Instagram post on Comey, a Washington DC District Court judge will grant a motion to dismiss. I hope Blanche has more than what CNN says this is about
As if CNN tells the truth about anything
Right!!
This is a complete waste of time and oxygen.
Democratic party of mental illness, Teflon Don.
FORCE him to defend himself! Make him suffer like the left made the right suffer!
Drag this prosecution out for years, long discovery period, plenty of motions and countermotions, and Abby Lowell at $2,000 per hour. Marvelous
Indeed. The process is the punishment. They created the rules.
threats made against a potus is usual reason for investigations etc>>sop
the msm and their “seashell” light heartedness attempts are also their >>sop
f the left
Indicted on 8647 is a very weak stretch. Even he meant it the way we think he did there is still that freedom of speech thing, Hopefully though this is causing him attorney’s fees which are their own punishment.
No, that or lying to Congress which we damn well know we did. They managed to push that beyond the statute of limitations which was the point of dismissing the previous case.
Freedom of speech was never intended to cover a criminal threat, which this was, clearly, more to the point, a clear reference to the assassination of a siting president. So a freedom of speech defense would be pretty weak sauce in this case.
It wasn’t a threat. That too is a stretch,
There are plenty of people walking around after expressing a wish for Trump to be assassinated. It will get you a SS visit but that is it.
Comey was a mob prosecutor at one point. He knows full well what was meant by the shells he “stumbled across”. And we know full well he was lying when he said he “stumbled across” them- he arranged the display. I wonder if there’s proof of that is some email or another…
Weak. I guess they are not going to get him on his conspiracy in 2016.
There are so many legitimate charges that could be thrown at Comey this 8647 crap is light fare compared to what Dem politicians have been saying about their desire for Trump’s demise
This is going to go absolutely nowhere.
At best, it will be a distraction. More likely, it will be used by the Democrats to claim that the Department of Justice is doing Trump’s bidding in going after his enemies.
To those who down-voted my comment, I’d ask you what you believe will be the result of all this. Do you believe Comey will actually be punished in a meaningful way?
We can look at what he did, and we can very reasonably infer his actual intentions and/or what message he meant for the shells to convey, but the legal case against him here remains a very weak one that any competent lawyer would be able to successfully counter.
Overall, I would agree that Comey is an obnoxious jerk and that he HAS likely violated laws and standards of proper conduct for government officials, but this case is unlikely to lead to any serious punishment, and is more likely to serve as a talking point for the Democrats.
As I’ve said before, I hate this kind of petty bullshit. I despise Comey, but this is absurd.
Over on the “FBI Raids Learing Centers” article, people are excusing the incompetent delay on the necessity for Top Men to put together solid cases.
They’ve had a year — A YEAR — to do this guy… and this is their “case?”
Don’t Sweat For Me, Mogadishu.
I want to see how they stretch “86” into “inflicting bodily harm” or “killing”. For more years than I want to count (I’m 81, but not all those have been in establishments that used the process) I have seen 86 used in speech and in actual operation and never was anyone killed, or inflicted with injury beyond hurt feelings. “Ejected” is the best synonym I can come up with, as in “kicked out”.
Will be dismissed on 1st amendment grounds.
Is this another Jeanine Pirro special? She needs to go.
You ay be able to indict a ham sandwich, but you can’t make it pay legal fees.
It wouldn’t be surprising for such a message to reflect Comey’s true feelings, but unfortunately the message is vague enough for plausible deniability (“chill, it’s just a joke/meme bro”).
But make no mistake – the Left is deadly serious about that exact sentiment.
“(“chill, it’s just a joke/meme bro”)”
However, in Comey’s case I would counter by pleading Democrat rules and citing Douglass Mackey.
court: comey did you know that 8647 meant something bad towards trump?
comey: no I thought it was part of that song like
867 5309..jenny jenny
Comey: Soros is my savior. I shall no be moved.
Not.
LI, an edit option. Is it so much to ask for?
The process is the punishment
Unless your a Jan 6 er
Complete waste of time and tax dollars to prosecute. He will never see the inside of a jail where he belongs.
Comey is a TDS addled mid-wit, but he hasn’t lived in isolation and isn’t stupid. He knew what those numbers meant. If he didn’t, does anyone think he would have posted it? Why would he post meaningless numbers? At a minimum, he is likely guilty to misleading law enforcement and that is a particularly egregious crime for a former head of the FBI. After all, he participated in the prosecution of people for that crime. Personally, I think an orange jump suit would flatter him.
Good Luck making it stick, but make him suffer as he jumps through the hoops. And then never give him media coverage again.
Yet Roseann was fired from her television show for commenting that Valerie Jarrett looked like a monkey.
There is enough on Comey, over and above this childish play-threat, to send him to Gitmo for life, at a minimum. Bring it ALL on!
Indicting someone for speech is ridiculous. And unconstitutional. And lawfare.
The DOJ screwed the pooch by having an improperly appointed prosecutor bring a possibly winnable at trial indictment.
The ones they could possibly win they screw up with unforced avoidable errors.
Flaky and virtually baseless ones they happily sign up for.
In their wonderful way they’re as bad as the TDS sufferers.
“Surely, Comey was aware of this interpretation when he crafted his ill-considered post.”
That is exactly why Comey denies that he knows what “86” implies.
That is exactly why Comey lies that he doesn’t know what “86” implies.
I’m curious how much control Comey still has in the rank and file FBI?
Exactly. Comey is being way too cute. He absolutely knew.
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