Former FBI Director James Comey indicted for threats against President

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Former FBI Director James Comey has been indicted on allegations that a photo he posted on social media in 2025 posed a threat to President Donald Trump.

The social media post features seashells arranged to spell “86 47.” The number 86 is often interpreted as a way to indicate getting rid of something, while 47 refers to President Trump’s term in office, as he is the 47th U.S. President.

The indictment represents the Trump Administration’s second criminal prosecution of Comey, marking the law enforcement agency’s latest attempt to charge one of President Trump’s long-standing political adversaries.

Paul Charlton, a partner of law firm Dentons, joined “Arizona Horizon” to discuss the indictment.

Comey was found not guilty in his first indictment in September 2025 for giving false testimony and obstructing a Senate Judiciary Committee proceeding in 2020.

“That very fact is going to be one of the defenses, which I think is going to carry a great deal of merit. This looks very much like selective or vindictive prosecution,” Charlton said. “This prosecution has received a great deal of criticism because this is a follow-up prosecution from one that has already been dismissed.”

Charlton added that this criticism is not only coming from the left but also from the right. Two legal commentators and lawyers, Andrew McCarthy and Jonathan Turley, have both criticized the indictment.

Comey maintains he simply stumbled upon the shells on the beach and photographed them, unaware of the violent meaning behind “86,” maintaining he thought it meant “get rid of.” Comey’s wife worked in the restaurant industry, and that is what he and his wife understood it to mean.

While it is unclear whether Comey himself actually arranged the shells, Charlton added, “The intent issue is going to be absolutely critical if this ever gets to a jury.”

Charlton said, “What the government is going to have to prove beyond a reasonable doubt to a unanimous verdict is that Jim Comey knew that people would interpret ’86 47′ as a threat to kill or harm the President of the United States; and even knowing that, he sent this out and shared this comment with people. That’s going to be a very difficult burden for the government to meet,” Charlton said.

Paul Charlton, Partner, Dentons

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