Former FBI director James Comey was charged Tuesday over a photograph of sea shells that authorities said threatened Donald Trump, marking the administration’s second attempt to prosecute one of his biggest political opponents, three sources initially told CNN.
The indictment was filed in the Eastern District of North Carolina, and an arrest warrant was issued for Comey by a law enforcement officer.
The former FBI director faces charges of threatening the president of the United States and transmitting a threat in interstate commerce, according to court documents. The charges could result in a prison sentence of up to 10 years.
“[Comey] publicly posted a photo on the social media platform Instagram that showed seashells arranged in an ’86 47′ pattern, which a reasonable recipient, familiar with the circumstances, would interpret as a serious expression of intent to cause harm to the President of the United States,” the complaint says.
The fellow lawyer responded to the accusation in a video posted to his Substack account.
“I remain innocent. I remain fearless,” he said. “And I continue to believe in an independent federal judicial system, so let’s get to it.”
Trump has long pushed for his political opponents to face charges, including the former FBI director, whom he considers a central figure in the alleged effort to “instrumentalize” the justice system against him.
In May last year, Comey posted on social media a photo of shells on a beach forming the numbers “86 47,” which critics said referred to eliminating or killing Trump.
This now-deleted Instagram post by James Comey shows seashells forming the numbers “86 47.” The number 86 can often refer to getting rid of something or throwing it away, while 47 corresponds to Trump’s current term as the 47th president. Republicans claimed it was a threat against President Donald Trump, while Comey said he “didn’t realize that some people associated these numbers with violence.” James Comey/Instagram
When used as slang, the number 86 can mean getting rid of something or throwing something away. Trump is currently the 47th president. James Comey posted the photograph of the shells with the caption: “Interesting shell formation on my beach walk.”
At a press conference this Tuesday, Acting Attorney General Todd Blanche spoke of the case as an example of the Justice Department’s effort to prosecute people who make threats against the President. Immediately after the press conference, Blanche appeared at the White House.
“Over the last year, this department has filed dozens of cases involving threats against all types of people,” said Blanche. “We take this seriously. Every one of them.”
Asked by CNN’s Evan Perez why the Justice Department sought an arrest warrant in this case, Blanche pointed to the grand jury in North Carolina.
“The Department of Justice does not issue arrest warrants, it is the grand juries that do,” he stressed. “And so the grand jury returned an indictment and an arrest warrant, I hope there will be communication with Mr. Comey’s attorney, and from there we will see. This case will go on like hundreds of others every year.”
The court filing includes a request for an arrest warrant filed on Department of Justice letterhead, without any signature from the grand jury.
Almost immediately after its publication, Republicans and administration officials intensified their criticism of Comey, with then-Secretary of Homeland Security, Kristi Noem, announcing that Comey would be investigated by the Secret Service for what she considered to be a call “to assassinate” Trump.
The Secret Service took Comey for a several-hour interview with agents in Washington, D.C., an unusual step by the agency in the face of an unspecific threat. Comey mentioned to investigators that he saw the shells on a North Carolina beach.
Director of National Intelligence Tulsi Gabbard told Fox News after Comey’s post that the former director should be “put behind bars for this” and that she was “very concerned” about Trump’s life.
The former FBI director deleted the post the same day, writing on social media that he assumed the shells represented “a political message” but that he “did not realize that some people associated these numbers with violence.”
“It never occurred to me, but I oppose violence of any kind, so I took down the post,” she wrote.
Legal and security experts told CNN that such a case against Comey could be unsuccessful, especially given the country’s free speech protections.
A second accusation
The case against Comey marks a renewed effort by Trump’s Justice Department to convict the former director, who became a fierce critic of the president after being fired by Trump in 2017 over the investigation into Russian interference.
In September last year, the Justice Department first filed charges against Comey, accusing him of lying to Congress about leaks to the press. The case was dismissed late last year by a federal judge who concluded that the acting U.S. attorney for the Eastern District of Virginia had been appointed improperly, bypassing Senate approval.
Comey’s lawyers declined to comment on this news.
The former director fell out of favor with Trump even before he was elected President for the first time, when Comey’s agency was investigating Trump’s campaign and links to Russia. Comey was fired months after taking office.
Since his firing, Comey has become a fierce critic of Trump and one of the main enemies of Republicans in the White House and on Capitol Hill.
Maurene Comey lawsuit continues
Also on Tuesday, a judge allowed the lawsuit filed by Maurene Comey, Comey’s daughter and former top federal prosecutor in New York, who is challenging his dismissal from the Justice Department.
Maurene Comey claims she was fired in retaliation for being the daughter of the former FBI director. He is asking for back wages and payment of his legal expenses.
He worked on some of the most high-profile cases for the U.S. Attorney’s office for the Southern District of New York, including the prosecution of music mogul Sean “Diddy” Combs, Jeffrey Epstein and his accomplice Ghislaine Maxwell, and New Jersey Democratic Senator Robert Menendez.
On July 16, two weeks after a jury convicted Combs of two counts of transportation for the purpose of prostitution, Maurene Comey received an email from Washington informing her that she had been fired “under Article II” of the U.S. Constitution.
“Instrumentalization” efforts
The accusation against Comey comes at a time when Blanche has accelerated the presentation of cases that the president has publicly defended.
In her first week on the job, Blanche oversaw the release of the first report from the Instrumentalization Working Group — a document that alleged that Biden’s Justice Department was biased in the way it pursued anti-abortion protesters. The department fired four prosecutors who worked on those cases.
He also made changes to the prosecutors responsible for the investigation of former CIA director John Brennan — one of the president’s most important cases.
And this Tuesday, the Justice Department took steps that will likely please Trump.
The DOJ is planning to subpoena the bodyguards of Fulton County District Attorney Fani Willis, according to a person familiar with the investigation. Willis sued Trump and many others over their efforts to change the results of the 2020 election.
The Justice Department also accused a former senior official at the National Institute of Allergy and Infectious Diseases of hiding records during the Covid-19 pandemic. Republicans have long attacked those responsible for the pandemic response for failures, real or perceived, and before leaving office, President Joe Biden pardoned Dr. Anthony Fauci — the biggest target of all.
The story has been updated with additional information.
CNN’s Kara Scannell contributed to this story.
