EASTERN DISTRICT OF NORTH CAROLINA (LN) — A federal grand jury in the Eastern District of North Carolina on Tuesday indicted former FBI director James Comey, 65, on two counts stemming from a May 15, 2025 Instagram post depicting the phrase "86 47" — which prosecutors allege a reasonable recipient would interpret as a serious expression of intent to kill or harm President Donald Trump.
The first count charges Comey under 18 U.S.C. § 871(a) with knowingly and willfully making a threat to take the life of, or inflict bodily harm upon, the President of the United States. The second count, brought under 18 U.S.C. § 875(c), alleges Comey consciously disregarded a substantial risk that his communication would be viewed as threatening violence when he transmitted it in interstate commerce. If convicted on both counts, Comey faces a maximum of 10 years in prison.
Acting Attorney General Todd Blanche framed the prosecution in stark terms. "Threatening the life of the President of the United States is a grave violation of our nation's laws," Blanche said in a statement. "The grand jury returned an indictment alleging James Comey did just that, at a time when this country has witnessed violent incitement followed by deadly actions against President Trump and other elected officials. The temperature needs to be turned down, and anyone who dials it up and threatens the life of the President will be held accountable."
FBI Director Kash Patel, whose agency investigated the case, pointed to Comey's prior role in his statement. "James Comey disgracefully encouraged a threat on President Trump's life and posted it on Instagram for the world to see," Patel said. "As the former Director of the FBI, he knew full well the attention and consequences of making such a post. This FBI and our DOJ partners pursued a rigorous investigation that followed the facts - and now Mr. Comey will be held fully accountable for his actions."
U.S. Attorney Ellis Boyle for the Eastern District of North Carolina, whose office will prosecute the case, said the grand jury examined the evidence and found probable cause. "No one is above the law in the Eastern District of North Carolina," Boyle said. Assistant U.S. Attorney Matthew R. Petracca is handling the prosecution.
The indictment turns on whether the two-digit phrase — "86," slang widely understood to mean eliminate or kill, paired with "47," Trump's designation as the 47th president — constitutes a true threat under federal law. Prosecutors allege the combination, posted publicly on Instagram, would be interpreted by a reasonable recipient familiar with the circumstances as a genuine expression of intent to do harm.
The Justice Department's press release carried the standard caveat that an indictment is merely an accusation and that Comey is presumed innocent until proven guilty.
Comey's response to the charges was not included in the Justice Department release, and no defense counsel statement was available in the source materials.