Comey Indicted Again Over ‘86 47’ Post After Earlier Case Was Dismissed
A federal grand jury in the Eastern District of North Carolina returned a new indictment on April 28, 2026, charging former FBI Director James Comey over a May 15, 2025 Instagram post that displayed the numbers “86 47.” The Justice Department says prosecutors believe the post would be understood by a reasonable recipient familiar with the circumstances as a serious expression of intent to harm President Donald Trump. The indictment charges Comey under 18 U.S.C. § 871(a) and 18 U.S.C. § 875(c). ([justice.gov](https://www.justice.gov/opa/pr/federal-grand-jury-indicts-former-fbi-director-james-comey-threats-harm-president-trump?utm_source=openai))
The filing says Comey knowingly and willfully made a threat to take the life of, or inflict bodily harm on, the president, and separately alleges that he consciously disregarded a substantial risk that his communication would be viewed as threatening violence. Prosecutors also say the FBI is investigating the case and that Assistant U.S. Attorney Matthew R. Petracca is handling the prosecution. The indictment notes that it is an accusation, not proof, and that Comey is presumed innocent unless the government proves its case in court. ([justice.gov](https://www.justice.gov/opa/pr/federal-grand-jury-indicts-former-fbi-director-james-comey-threats-harm-president-trump?utm_source=openai))
The new case lands after a separate federal case against Comey in the Eastern District of Virginia. That September 25, 2025 indictment accused him of obstruction and making false statements, and the Justice Department later said that case was dismissed before the North Carolina filing. The timeline matters: this is not the first federal criminal case against Comey, but it is a different one. ([justice.gov](https://www.justice.gov/opa/pr/attorney-general-bondi-director-patel-statements-regarding-indictment-former-fbi-director?utm_source=openai))
Bondi and FBI Director Kash Patel framed the indictment as a routine application of the law, while Comey’s allies are already casting the case as politically charged. The official record now shows the same core facts in both directions: a new grand jury indictment, a disputed social media post, and a former FBI director back in federal court as prosecutors test whether the message crossed the criminal line. ([justice.gov](https://www.justice.gov/opa/pr/federal-grand-jury-indicts-former-fbi-director-james-comey-threats-harm-president-trump?utm_source=openai))
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