Story · May 4, 2026

Comey indictment puts Trump Justice Department under a brighter lamp

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Correction: Correction: This story has been updated to remove an incorrect reference to a false-statement charge. Comey was indicted on April 28, 2026, on two counts tied to the Instagram post, not on a false-statement count.
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A federal grand jury in the Eastern District of North Carolina indicted former FBI Director James Comey on April 28, 2026. The Justice Department says the case centers on a May 15, 2025 Instagram post that showed seashells arranged in a pattern reading “86 47,” which prosecutors say a reasonable recipient familiar with the circumstances would view as a serious threat to President Donald Trump.

The indictment charges Comey, 65, with two counts: threatening the president under 18 U.S.C. § 871(a) and transmitting a threat in interstate commerce under 18 U.S.C. § 875(c). In the charging document, prosecutors allege that Comey knowingly and willfully made a threat to take the life of, and inflict bodily harm upon, the president. DOJ says he publicly posted the image on Instagram.

The filing does not resolve the question of what the post meant, only what prosecutors allege it meant and how they believe a jury should read it. The indictment says the image was posted “on or about” May 15, 2025, and that Comey “knowingly and willfully” made the alleged threat. Those are accusations, not findings. Under the law, the government still has to prove its case in court.

The political impact is unavoidable because the defendant is not an ordinary poster. Comey has been a longstanding target of Donald Trump’s anger, and any federal case against him will be read through that history. But the public record at this stage is narrower than the commentary around it: a grand jury returned an indictment, prosecutors laid out their theory of the post, and Comey remains presumed innocent unless and until the government proves the charges.

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