The former FBI director James Comey has been charged with two federal felonies over an Instagram photograph of seashells arranged to spell “86 47”, which prosecutors allege was a threat to President Donald Trump.
The indictment, filed in the eastern district of North Carolina, alleges that a reasonable person would interpret the post as a serious expression of intent to harm the president. Comey, who deleted the post and apologised, said he had not realised the numbers were associated with violence.
Mr Comey faces one count of making a threat against the president and one count of transmitting that threat across state lines via social media. Each count carries a maximum penalty of five years in prison.
His attorney, Patrick Fitzgerald, said his client “ vigorously denies” the charges, while Mr Comey released a video in which he said he remained “still innocent” and not afraid. He said “this is not who we are as a country” and expressed faith in the judiciary.
The case is the latest involving allies of Mr Trump targeting political opponents. Mr Comey’s previous indictment for lying to Congress was dismissed last year, as were charges against New York’s attorney general, Letitia James. The justice department is also pursuing cases against other figures.
The charges come after a California man was stopped with weapons at the White House correspondents’ dinner on Saturday and charged with attempting to assassinate the president. In a separate case, a judge ruled that Mr Comey’s daughter Maurene could proceed with a wrongful termination lawsuit.
