By Jacob Rosen
Justice Department Reporter
Updated on: April 29, 2026 / 11:55 PM EDT
Former FBI Director James Comey appeared in federal court Wednesday, a day after he was indicted on charges that he threatened President Trump by posting an image on Instagram.
Comey did not enter a plea. Federal Magistrate Judge William E. Fitzpatrick read the two-count indictment and declined the Justice Department’s request to impose 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.
Wearing 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 accuses Comey of knowingly and willfully making a threat to take the life of, and to inflict bodily harm on, the president, and of knowingly and willfully transmitting in interstate commerce a threat to kill the president. Prosecutors say the charges stem from an image posted briefly last year in which seashells arranged on a beach formed the numbers “86 47.” According to the indictment, a “reasonable recipient who is familiar with the circumstances” would view the shells as a serious expression of intent to harm President Trump.
Comey, a frequent Trump critic, removed the post after some Trump supporters interpreted the numbers as a threat against the 47th president. On Instagram he wrote that he believed the shell formation conveyed a “political message.” “I 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.”
After the indictment was announced, 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 that “’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 lead counsel, Patrick Fitzgerald, said the defense will file motions to dismiss the indictment on grounds of selective and vindictive prosecution. Fitzgerald also asked a judge to order the preservation of government records, citing the Justice Department’s recent stance that the Presidential Records Act does not apply to the Trump administration.
This is not Comey’s first federal indictment. In September 2025 a grand jury charged him with lying to Congress and obstructing a congressional proceeding; that case was later dismissed after a judge found the U.S. attorney who brought it had been illegally appointed. The Justice Department is appealing that dismissal.
Legal analysts say the current charges raise challenging First Amendment questions because they hinge on symbolic speech. CBS News legal contributor Jessica Levinson noted prosecutors face a high bar when an alleged threat is conveyed through symbolism — in this case, shells arranged as numbers. The central issue will be whether the government can prove Comey intended to threaten the president’s life or intended to transmit a threatening message. Levinson pointed to the Supreme Court’s 2023 standard, under which a “true threat” is unprotected only if the government shows the speaker “consciously disregards a significant risk that their words might harm another.”
Comey has maintained he did not understand the numerical arrangement could be linked to violence and removed the post once he learned of the interpretation.
Melissa Quinn contributed to this report.
In: James Comey; Todd Blanche; Donald Trump