The US Department of Justice has filed criminal charges against former FBI director James Comey over an Instagram post showing seashells arranged to read '86 47', which prosecutors allege was a threat to President Donald Trump. The charges were filed in federal court in the Eastern District of North Carolina on Tuesday.
Comey posted the image while on vacation last year. The number 86 is sometimes used as shorthand for getting rid of something, and Trump is the 47th president. Comey later deleted the post and apologised, saying he did not realise the numbers were associated with violence. 'It never occurred to me, but I oppose violence of any kind so I took the post down,' he wrote.
The indictment states that a reasonable person 'would interpret as a serious expression of an intent to do harm to the President of the United States'. Comey faces two felony counts: making a threat against the president and transmitting that threat via social media across state lines. Each count carries a potential prison sentence of up to five years and a fine.
Acting Attorney General Todd Blanche said at a press conference: 'I think it's fair to say that threatening the life of anybody is dangerous and potentially a crime. Threatening the life of the president of the United States will never be tolerated by the Department of Justice.' He declined to comment on how the department would prove intent.
Comey's attorney, Patrick Fitzgerald, said: 'Mr Comey vigorously denies the charges ... We will contest these charges in the courtroom and look forward to vindicating Mr Comey and the first amendment.' In a video on his Substack, Comey said: 'I am still innocent. I am still not afraid. And I still believe in the independent federal judiciary. So, let's go.'
The justice department previously indicted Comey last year for lying to Congress, but that case was dismissed after a judge ruled the prosecutor had been wrongfully appointed. The new charges come amid a series of actions by the Trump administration targeting political rivals, including charges against New York Attorney General Letitia James and the Southern Poverty Law Center.
