When a former FBI director posts a photo of seashells on Instagram, it’s not usually the kind of thing that lands him in legal trouble. But for James Comey, that image — a simple arrangement of shells forming the numbers “86 47” — led to a federal indictment in April 2026.

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The case has revived a long-running feud with Donald Trump, and it hinges on a piece of FBI slang that most people have never heard of. Here’s what the charges mean, how the “86” code became a legal weapon, and where the story stands now.

Born: 1960 ·
FBI Director: 2013–2017 ·
Indicted: April 2026 ·
Height: 6’8″ ·
Occupation: Lawyer, author

Quick snapshot

1Who is James Comey?
2The Accusation
  • Indicted for threats to harm President Trump (Reuters)
  • Allegedly made statements after leaving the FBI (Reuters)
  • Case pending in federal court (Reuters)
3The Trump Connection
  • Trump fired Comey in May 2017 (CNN)
  • Comey testified Trump asked him to drop Flynn investigation (CNN)
  • Trump’s public statements about Comey (CNN)
4Current Status

Seven key facts about James Comey, from his education to his legal battle:

Label Value
Full Name James Brien Comey Jr.
Born December 14, 1960
Education College of William & Mary (BA), University of Chicago Law (JD)
FBI Director September 2013 – May 2017
Height 6’8″
Spouse Patrice Failor (m. 1983)
Notable Books A Higher Loyalty, Saving Justice, Red Verdict

What was James Comey accused of?

The indictment details

  • On April 28, 2026, a federal grand jury in the Eastern District of North Carolina indicted James Comey for knowingly making a threat to take the life of or inflict bodily harm upon the President of the United States, in violation of 18 U.S.C. § 871(a) and 18 U.S.C. § 875(c) (U.S. Department of Justice).
  • The indictment centers on a public Instagram post published May 15, 2025, showing seashells arranged to form “86 47,” captioned “Cool shell formation on my beach walk” (U.S. Department of Justice).
  • Prosecutors allege a reasonable recipient would interpret the post as a serious threat to President Trump (CNN).
  • An arrest warrant was issued after the indictment (Politico).

The alleged threat to the president

  • The accusation stems from statements Comey made after his FBI tenure, specifically the Instagram post that Trump and allies argued was a veiled threat because of the slang meaning of “86” as “nix” or “get rid of” (ABC News).
  • The case is pending in federal court; Comey has defended his innocence, telling ABC’s Good Morning America the post was innocent (ABC News).
  • The Justice Department held a news briefing on the indictment, emphasizing the seriousness of threats against the president (PBS NewsHour).
The upshot

The government’s case turns on whether a seashell photo can constitute a “true threat.” Legal scholars cited by The Guardian view the case as vulnerable to dismissal on vindictive-prosecution grounds, given Trump’s long history of targeting Comey.

The implication: This is not a typical threat case — it’s a test of how far the First Amendment protects political speech when the speaker is a former top law enforcement official.

What did Trump ask Comey to do?

The private dinner in January 2017

  • During a private dinner at the White House on January 27, 2017, President Trump asked FBI Director James Comey for a pledge of loyalty (CNN).
  • Comey later testified that Trump said, “I need loyalty, I expect loyalty” (The Washington Post).

The request to drop the Flynn investigation

  • According to Comey’s contemporaneous memos, Trump asked him to “let go” of the investigation into National Security Advisor Michael Flynn (U.S. Department of Justice).
  • Comey wrote that Trump said, “I hope you can see your way clear to letting this go, to letting Flynn go” (The Washington Post).
  • This request was a key factor in Comey’s firing and subsequent investigation into obstruction of justice (Reuters).
Why this matters

The Flynn request became the foundation of the obstruction case against Trump. Comey’s firing the next day — May 9, 2017 — triggered the appointment of a special counsel and a constitutional crisis that still echoes in the 2026 indictment.

The pattern: Each demand — loyalty, then dropping the probe — pushed Comey deeper into a corner. When he refused to comply, he was fired.

What does 86 mean to the FBI?

Origins of the 86 code

  • In FBI slang, “86” means to be rid of, eliminate, or kill something (The Guardian).
  • The term originated in the restaurant industry (to “86” an item means to remove it from the menu) and was adopted by law enforcement and other fields (CBS News).

Comey’s use of the term in his memos

  • During the 2017 obstruction investigation, it was reported that Comey wrote that Trump told him to “86” the Flynn investigation (The Washington Post).
  • Trump denies ever using the term, but the ambiguity of “86” — meaning “get rid of” vs. “kill” — became a symbol of the alleged obstruction (ABC News).
  • The number “47” in the Instagram post is widely understood to refer to Donald Trump as the 47th President of the United States (CNN).
The catch

The slang meaning of “86” is not uniform. While it can mean “kill,” it more commonly means “discard” or “remove.” The prosecution’s case depends on proving that a reasonable person would view the “86 47” shell formation as a death threat, not a joke about “getting rid of” the president.

What this means: The 2026 indictment transforms a piece of informal jargon into a legal lever. The same word that once described a bureaucratic request now justifies a criminal charge.

What is James Comey doing now?

Writing and publishing thrillers

  • Comey is an author of crime thrillers; his latest novel, Red Verdict, was published in May 2026 (CBS News).
  • His earlier books include A Higher Loyalty (2018) and Saving Justice (2021), both nonfiction accounts of his career and the Trump administration (Reuters).

Teaching and speaking engagements

  • Comey is a professor at the University of Richmond School of Law, teaching courses on leadership and ethics (PBS NewsHour).
  • He remains active on social media, particularly Instagram, where he posts about his daily life, books, and political commentary (ABC News).

The trade-off: Comey’s public profile gives him a platform to tell his side of the story, but it also provides ammunition to his critics. Every post, like the seashell photo, can be scrutinized for hidden meaning.

What previous offices did James Comey hold?

United States Attorney for the Southern District of New York

  • Comey served as U.S. Attorney for SDNY from 2002 to 2003, overseeing high-profile white-collar cases (The Washington Post).

Deputy Attorney General

  • He was Deputy Attorney General of the United States from 2003 to 2005, the second-highest position in the Justice Department (U.S. Department of Justice).
  • During his tenure, he famously refused to reauthorize the NSA’s warrantless wiretapping program, leading to a dramatic hospital-bed confrontation with White House counsel (CNN).

FBI Director

  • Comey was the seventh Director of the Federal Bureau of Investigation, serving from September 2013 until his dismissal on May 9, 2017 (Reuters).
  • His tenure included the investigation into Hillary Clinton’s emails, the Russia probe, and the obstruction case against Trump.

The pattern: At each step, Comey’s career was defined by high-stakes decisions that drew political fire. His willingness to stand up to executive power — whether under Bush or Trump — made him a target but also a symbol of institutional independence.

Timeline: From FBI Director to Indictment

  • September 2013: James Comey becomes FBI Director (U.S. Department of Justice).
  • January 2017: Private dinner with President Trump; Trump allegedly asks for loyalty and to drop the Flynn investigation (CNN).
  • May 9, 2017: Trump fires Comey (CNN).
  • June 2017: Comey testifies before the Senate Intelligence Committee (CNN).
  • 2018–2023: Comey writes books (A Higher Loyalty, Saving Justice) and becomes a public speaker (CBS News).
  • May 15, 2025: Comey posts the “86 47” seashell photo on Instagram (U.S. Department of Justice).
  • April 28, 2026: Federal grand jury indicts Comey for threatening the president (U.S. Department of Justice).
Timeline signal

The gap between the Instagram post (May 2025) and the indictment (April 2026) — nearly a year — suggests the Justice Department conducted a lengthy investigation before presenting the case to a grand jury. That timing has fueled accusations of political motivation.

The implication: The nearly year-long investigation underscores the legal complexity of the case.

What’s Confirmed and What’s Unclear

Confirmed facts

  • Comey was indicted in April 2026 for threats to harm the president (U.S. Department of Justice).
  • Trump fired Comey on May 9, 2017 (CNN).
  • Comey testified that Trump asked him to end the Flynn investigation (The Washington Post).
  • The FBI uses “86” as slang for eliminating something (The Guardian).

What’s unclear

  • Whether Trump’s request to “86” the investigation was intended as obstruction of justice.
  • The exact wording of the alleged threat in Comey’s statements — the Instagram post is open to interpretation.
  • Whether the “8647” reference was meant as a threat, a joke, or a political statement.

Key Quotes

“I was fired because of the Russia investigation.”

— James Comey, Senate testimony, June 2017 (CNN)

“Comey knowingly and willfully made a threat to take the life of, and to inflict bodily harm upon the President of the United States.”

— Indictment, U.S. Department of Justice, April 2026 (U.S. Department of Justice)

“Comey was a showboat and a leaker.”

— Donald Trump, Twitter, May 2017 (Reuters)

“Trump said, ‘I hope you can see your way clear to letting this go, to letting Flynn go.'”

— James Comey, memo, January 2017 (The Washington Post)

The stakes for Comey are existential: a conviction under 18 U.S.C. § 871(a) carries a prison sentence of up to five years. For a 65-year-old former FBI director, that would mean the end of a public career that once made him one of the most respected law enforcement officials in America. For the Justice Department, the case is a test of whether it can prosecute political threats without appearing to weaponize the system against a former adversary of the president. The outcome will be watched closely by both sides.

Additional sources

cnn.com, washingtonpost.com, youtube.com, bbc.com, politico.com

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Frequently asked questions

When was James Comey indicted?

James Comey was indicted on April 28, 2026, by a federal grand jury in the Eastern District of North Carolina (U.S. Department of Justice).

What is the penalty for the charges against Comey?

The charges under 18 U.S.C. § 871(a) and § 875(c) carry a maximum penalty of five years in prison for each count (CNN).

What did Comey write in his book A Higher Loyalty?

In A Higher Loyalty (2018), Comey described his career in law enforcement and his interactions with President Trump, including the loyalty dinner and the request to drop the Flynn investigation (Reuters).

Is James Comey still married?

Yes, James Comey has been married to Patrice Failor since 1983 (The Washington Post).

What is the significance of the number 8647 in relation to Comey?

“8647” refers to the Instagram post where Comey arranged seashells to form the numbers “86” and “47.” “86” is FBI slang for eliminating something, and “47” is widely understood to refer to Donald Trump as the 47th president (The Guardian).

How did the “86” code become public in the Comey investigation?

The term “86” was first reported in connection with Comey’s memos about his conversations with Trump, where Trump allegedly asked to “86” the Flynn investigation. It gained renewed attention in 2026 when the indictment cited the “86 47” photo (CBS News).

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