Podcast host Joe Rogan has described the Trump administration's decision to indict former FBI Director James Comey over a seashell photo as 'nuts', as he continues to distance himself from the president. Speaking on his podcast on Friday, Rogan argued that prosecuting an ambiguous post risks expanding how the legal system defines threats, potentially undermining First Amendment protections.
Comey has been charged by a federal grand jury in North Carolina with two counts related to alleged threats against President Donald Trump. The case stems from a 2025 Instagram post showing seashells arranged to read '86 47'. Prosecutors say '86' can mean 'get rid of' or 'eliminate', as it does in restaurant slang, and argue it could be interpreted as referring to Trump, the 47th president. Comey has previously said he viewed the message as political rather than threatening and maintained his innocence in court on Wednesday.
'The problem with these guys is it sets a crazy precedent,' Rogan said, criticising the prosecution's interpretation as a stretch. 'It's nuts, like you're going after someone for something that's just silly. "86 47" is get rid of 47... But it's just like arresting a guy for that is nuts.' He added that '86' commonly means firing or removing someone rather than harming them, and noted that Comey was not actively serving as FBI director when the photo was posted.
Rogan endorsed Trump in the 2024 election but has since publicly distanced himself from the president over issues including the handling of the Jeffrey Epstein files and the war in Iran. On Truth Social on Wednesday, Trump claimed that '86' is a mob term for 'kill him', and that '86 47 means "kill President Trump"'. Meanwhile, Rogan argued that if Comey were truly guilty of wrongdoing, the authorities should have something more substantial against him than a seashell photo.
Comey was previously targeted by the Department of Justice last year in a separate case in which he was accused of lying to Congress. The allegations were brought by then-U.S. Attorney for the Eastern District of Virginia Lindsey Halligan. Comey denied the charges, but the case never went to trial. It was ultimately dismissed after a ruling determined that Halligan had remained in her position beyond the legal limit of her term, invalidating the prosecution's standing.
