James Comey Indicted Again: The '86 47' Seashell Photo, Two Federal Charges, and Why Legal Experts Say This Case Likely Fails

# James Comey Indicted Again: The '86 47' Seashell Photo, Two Federal Charges, and Why Legal Experts Say This Case Likely Fails

> **Quick answer:** A federal grand jury in North Carolina indicted former FBI Director James Comey on April 28, 2026, charging him with threatening the president and transmitting a threat in interstate commerce over a May 2025 Instagram photo of seashells spelling "86 47." Each count carries a maximum 10-year sentence. Comey says he never intended violence. Constitutional scholars cite *Counterman v. Colorado* (2023) and say prosecutors face an extremely high bar — and probably cannot clear it.

James Comey indicted again. The former FBI director who launched the Russia investigation, was fired by Trump in 2017, and survived his first federal indictment on procedural grounds now faces his second round of federal charges — this time over a beach photo he snapped, posted, and deleted the same day. The charges carry up to 20 years combined. Legal experts across the ideological spectrum say the government's case is constitutionally shaky.

## What Happened: The Beach Walk That Became a Federal Case

In May 2025, Comey posted a photo to Instagram while vacationing in North Carolina. The image showed seashells naturally arranged — or arranged by Comey, the indictment implies — to form the numbers "86 47." His caption: "Cool shell formation on my beach walk."

He deleted the post the same day.