By Jacob Rosen
Justice Department Reporter
Updated on: April 29, 2026 / 11:55 PM EDT
Former FBI Director James Comey made his first court appearance Wednesday after his indictment a day earlier for allegedly making threats against President Trump.
Comey did not enter a plea. Federal Magistrate Judge William E. Fitzpatrick read the charges and denied the Justice Department’s requests to set conditions of release. “I don’t think conditions on release are necessary in this case,” Fitzpatrick said, adding that “they weren’t necessary last time” Comey was indicted.
Dressed in a blue suit and light blue shirt, Comey was represented by attorneys Patrick Fitzgerald and Jessica Carmichael. He nodded as his rights were read and smiled at family members as he left the courtroom.
The indictment charges Comey with two counts: knowingly and willfully making a threat to take the life of — and to inflict bodily harm on — the president, and knowingly and willfully transmitting in interstate commerce a threat to kill the president. The charges stem from an image he briefly posted to Instagram last year showing seashells arranged in the sand to form the numbers “86 47.” The indictment says a “reasonable recipient who is familiar with the circumstances” would interpret the shells as a serious expression of intent to harm President Trump.
Comey, a frequent Trump critic, removed the post after Trump supporters interpreted the numbers as a threat against the 47th president. He said on Instagram he believed the shell formation conveyed a “political message.” “I didn’t realize some folks associate those numbers with violence,” Comey wrote. “It never occurred to me but I oppose violence of any kind so I took the post down.”
After the indictment, Comey posted a video on Substack saying, “I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary. So, let’s go.”
President Trump responded on Truth Social late Wednesday, writing, “’86’ is a mob term for ‘kill him.’ They say 86 him! 86 47 means ‘kill President Trump.’ James Comey, who is a Dirty Cop, one of the worst, knows this full well! EIGHT MILES OUT, SIX FEET DOWN! Didn’t he also lie to the FBI about this??? I think so!”
Comey’s attorney Patrick Fitzgerald said the defense will file motions to dismiss on grounds of selective and vindictive prosecution and asked a judge to order preservation of government records, citing the Justice Department’s recent view that the Presidential Records Act does not apply to the Trump administration.
Comey was previously indicted by a federal grand jury in September 2025 on charges of lying to Congress and obstructing a congressional proceeding. In that case, arguments over selective and vindictive prosecution were raised but the case was dismissed because the U.S. attorney who brought it was found to have been illegally appointed; the Justice Department is appealing that dismissal.
CBS News legal contributor Jessica Levinson said the new charges are unusual because they arise from symbolic speech — “they’re based on seashells” — and the Justice Department would face a high bar. The key question is whether a First Amendment defense applies: the government must show Comey intended to threaten the president’s life or intended to transmit a threatening message. In 2023, the Supreme Court ruled that for a “true threat” to be unprotected, the government must show the speaker “consciously disregards a significant risk that their words might harm another.” Comey said he did not understand the numbers could be linked to violence and removed the post.
Melissa Quinn contributed to this report.
In: James Comey; Todd Blanche; Donald Trump