On April 28, 2026, a federal grand jury in North Carolina indicted former FBI Director James Comey for a second time, this time over a May 15, 2025, Instagram post showing seashells arranged on a beach to spell '86 47.' The two-count indictment, signed by Acting Attorney General Todd Blanche, charges Comey with threatening the president and transmitting a threat in interstate commerce — each count carrying a maximum of 10 years in prison.
The charges came three days after the WHCD assassination attempt on Trump and roughly five months after Comey's first indictment was thrown out. In November 2025, Judge Cameron McGowan Currie dismissed the original Comey case (false statement to Congress, obstruction) when she ruled that interim U.S. Attorney Lindsey Halligan — Trump's former personal lawyer — had been unlawfully appointed. Trump then fired Attorney General Pam Bondi on April 2, reportedly frustrated by her failure to deliver indictments against his enemies. Blanche, another former Trump personal defense lawyer, took over the DOJ in an acting capacity and signed the new charges weeks later.
Comey's seashell post was already public when he posted it: '86' is restaurant slang for removing something from the menu; '47' refers to Trump as the 47th president. Comey, in a follow-up post at the time, said: 'I didn't realize some folks associate those numbers with violence. It is completely out of step with my political values…I oppose violence of any kind so I took the post down.' On the day of the indictment, Comey released a Substack video titled 'Seashells' saying: 'I'm still innocent, I'm still not afraid, and I still believe in the independent federal judiciary, so let's go.'
The second indictment fits the pattern Trump openly described in a September 2025 Truth Social post directing Bondi to charge Comey, Letitia James, and Adam Schiff because 'they're all guilty as hell.' James was indicted weeks later on bank fraud over a $109,600 mortgage and her case was also dismissed on the Halligan ruling. The Schiff mortgage-fraud probe died because the federal prosecutor reportedly told superiors there was insufficient evidence. White House Chief of Staff Susie Wiles admitted in a 2025 Vanity Fair interview that Trump has engaged in 'retribution' against his enemies. Acting Solicitor General-style press conference comments from Blanche framed the case as routine: 'Threatening the life of the President of the United States will never be tolerated.' Notre Dame law professor and former federal prosecutor Jimmy Gurulé told CNBC: 'The damage to the credibility, integrity and reputation of the U.S. Department of Justice may be immeasurable. Every DOJ lawyer that played a role in returning this frivolous indictment should be ashamed.' Senator Dick Durbin: 'another case of a weaponized Justice Department lashing out on behalf of a vengeful President.'
Update (September 28, 2026): the case is on hold until 2027. On September 25, U.S. District Judge Louise Flanagan granted Comey's unopposed request to postpone his September 30 arraignment in New Bern until January and vacated the October trial date: “The gravity of the charges, pending motions, and the need to provide defense counsel additional time to prepare for trial promote need for continuance.” Pending before her are motions to dismiss, including one arguing the prosecution was driven by Trump's animus, NBC News reported. Comey has not entered a plea.
Related entries: A Judge Throws Out the Comey and Letitia James Indictments Because Trump's Hand-Picked Prosecutor Was Unlawfully Appointed, Trump Posts a Message to AG Bondi Demanding She Prosecute His Enemies, Reportedly Meant as a Private Note: 'They're All Guilty as Hell', Trump Fires AG Pam Bondi Over the Epstein Debacle and Installs His Own Defense Lawyer, Who Negotiated Maxwell's Sweetheart Deal, as Acting AG.