Former FBI Director James Comey could face up to 20 years in prison following an indictment on two felony counts, with the Department of Justice accusing him of making threats against President Donald Trump.
The former leading law enforcement officer was indicted in the U.S. District Court for the Eastern District of North Carolina Eastern Division, accused of “knowingly and willfully” making a “threat to take the life of, and to inflict bodily harm upon, the President of the United States.”
The case stems from a May 2025 photo Comey posted on social media depicting seashells spelling out “86 47.” The number “86” is often interpreted as slang for getting rid of something, while “47” refers to Trump, the 47th president of the United States.
Though the charging documents claim “a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to the President of the United States.”
The second felony count claims Comey “knowingly and willfully did transmit in interstate and foreign commerce a communication that contained a threat to kill the President, Donald J. Trump,” by posting the image on the social media site, Instagram.
If convicted, the former FBI director could face a maximum sentence of 10 years for each charge.
During a news conference Tuesday afternoon at the U.S. Department of Justice, FBI Director Kash Patel reiterated the charges against the former director.
“James Comey allegedly threatened the life of the President of the United States. And as you all now know, shortly after posting that threat, he deleted that threat and then issued an apology. All of that information was presented to the grand jury, and Mr. Comey will have his day in court, and his ability to speak to a jury of his peers,” Patel told reporters.
Acting Attorney General Todd Blanche appeared to use Comey as an example of how the law enforcement community and the Justice Department are committed to prosecuting individuals accused of threatening the president.
“Threatening the life of the President of the United States will never be tolerated by the Department of Justice … While this case is unique, this indictment stands out because of the name of the defendant. His alleged conduct is the same kind of conduct that we will never tolerate and that we will always investigate and regularly prosecute,” Blanche told reporters.
In addition to the indictment, Blanche confirmed that a grand jury not only returned the indictment but also an arrest warrant against Comey.
The indictment comes one day after the suspected gunman in Saturday night’s shooting and assassination attempt against Trump during the annual White House Correspondence Dinner in Washington, D.C. was arraigned. The incident marks the third assassination attempt on the president since 2024.
