Former FBI Director James Comey surrendered to law enforcement Wednesday at a federal court in the Eastern District of Virginia following a new indictment for allegedly threatening the president.
- Charges: Making a threat against the president and transmitting a threat in interstate commerce.
- Evidence: A social media post featuring shells spelling “86 47.”
- Legal History: This is the second time the Justice Department has brought charges against Comey.
Court Proceedings and Release
Authorities arrested Comey immediately prior to his first court appearance. The hearing, which lasted less than 10 minutes, focused primarily on administrative matters.
Magistrate Judge William E. Fitzpatrick ruled that conditions of release were not necessary, noting they were not required during Comey’s previous appearance at the Alexandria, Virginia, federal court.
During the proceedings, Comey did not speak but nodded as he was reminded of his rights and the charges against him. His attorney, Fitzgerald, informed the court that the defense will challenge the case, alleging a “vindictive and selective prosecution.”
The James Comey Indictment
The current charges center on a photograph Comey posted to social media last May. The image showed shells on a beach forming the numbers “86 47,” accompanied by a caption describing it as a “cool shell formation on my beach walk.”
Administration officials and Republicans characterized the post as a death threat against President Donald Trump. The accusation is based on the slang term “86,” meaning to get rid of or toss out, combined with Trump’s status as the 47th president.
In a video message posted to Substack, Comey maintained that he is “still innocent.” Eugene Volokh, a senior fellow at the Hoover Institution specializing in First Amendment law, stated that the post is “clearly not a punishable threat.”
Prior Legal Challenges
This is the second instance of the Justice Department bringing charges against Comey under the current administration.
In September 2025, Comey was charged with lying to Congress regarding leaks to the press. However, a federal judge dismissed that case late last year.
The dismissal occurred after the court found the interim U.S. Attorney for the Eastern District of Virginia had been improperly appointed by skirting Senate approval.
Comey is expected to appear in a North Carolina court at a later date.
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