James Comey Indicted Again — This Time Over an Instagram Photo
The Justice Department indicted former FBI Director James Comey on Tuesday over an Instagram photo he posted last year — his second federal indictment, and the latest move in what critics are calling a sustained campaign by the Trump administration to prosecute political opponents.
What the New Charges Are About
In May 2025, Comey posted a photo on Instagram of seashells arranged on a beach to form the numbers "86 47." He captioned the image: "Cool shell formation on my beach walk." The post generated immediate backlash from Republican officials, who interpreted "86" — a slang term meaning to get rid of something — and "47," Trump's current presidential number, as a coded call to assassinate the president.
Then-DHS Secretary Kristi Noem announced Comey would be investigated by the Secret Service, calling the post a call "for the assassination" of Trump. Director of National Intelligence Tulsi Gabbard called for Comey to be "put behind bars." The Secret Service took the rare step of bringing Comey in for an hours-long interview in Washington. He told investigators he found the shells on a beach in North Carolina and did not intend them as a threat.
Comey deleted the post the same day, writing that he assumed the shells represented "a political message" but "didn't realize some folks associate those numbers with violence." He added: "It never occurred to me but I oppose violence of any kind so I took the post down."
The First Indictment — and Why It Failed
This is not the first time the Trump administration has brought charges against Comey. In September 2025, the Justice Department indicted him on allegations of lying to Congress in connection with leaks to the press. That case was dismissed late in 2025 by a federal judge who found that the interim U.S. Attorney for the Eastern District of Virginia had been improperly appointed — the prosecutor had not received Senate confirmation as required.
The dismissal was a significant setback, but it did not end the effort. Acting Attorney General Todd Blanche — who also oversaw the prosecution of the WHCD shooting suspect — has reinvigorated the department's pursuit of cases that Trump has publicly called for. Legal and national security experts had previously told CNN that a prosecution based on the Instagram post may be fruitless given the country's First Amendment protections.
Comey's History With Trump
Comey's relationship with Trump collapsed publicly in 2017 when Trump fired him as FBI Director. At the time, the FBI was investigating the Trump campaign's ties to Russia during the 2016 election. Comey later testified that Trump had asked him to drop the investigation into then-national security advisor Michael Flynn, and the firing triggered the appointment of special counsel Robert Mueller.
Since his dismissal, Comey has been one of the most visible critics of Trump among former senior law enforcement officials. Trump has long characterized Comey as a key architect of what he calls the effort to "weaponize" the justice system against him. The two indictments — one dismissed, one now pending — track with a broader pattern in which the administration has pursued legal action against figures it considers political enemies.
What Happens Next
Comey's attorneys declined to comment on the new indictment. The case now moves forward in federal court, though legal analysts are expected to scrutinize whether a beach photo can form the basis of a credible threat prosecution under existing law. The administration will need to overcome both the First Amendment hurdle and the optics of bringing charges against a man who explicitly said he did not intend harm and took the post down within hours of publishing it.
Curious for more stories that keep you informed and entertained? From the latest headlines to everyday insights, YourLifeBuzz has more to explore. Dive into what's next.