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Ex-FBI Director James Comey Faces Charges over "86 47" Post. How Strong Is the Case?

Prosecutors say the post could be read as a threat, and Comey’s defense plans to challenge the case on First Amendment grounds.

  • Former FBI Director James Comey appeared in federal court Wednesday following a second indictment by the Trump administration alleging he made threats against President Donald Trump via Instagram.
  • The charges stem from an Instagram post showing seashells arranged as '86 47,' which Trump claims is a mob term for 'kill him,' though Comey deleted the image stating he assumed it conveyed a political message.
  • Defense attorney Pat Fitzgerald plans to file a motion to dismiss, arguing the prosecution is vindictive and selective, as prosecutors must prove Comey 'consciously disregarded a substantial risk' that his statement would be viewed as threatening.
  • Aaron Terr of the Foundation for Individual Rights and Expression warned the case creates a 'chilling effect,' stating citizens should not fear government retaliation for criticizing the president.
  • Legal experts expect the indictment to face constitutional challenges, as the Supreme Court has ruled 'true threats' are not protected speech while precedents like Watts v. United States protect crude political hyperbole.
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Lawyers in the United States say the US Department of Justice has little chance of convicting former FBI Director James Comey for threatening the president with a seashell image. “The indictment is playing on the idea of a rule of law,” says law professor Michael Bailey.

·Stockholm, Sweden
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Sons of Liberty Media broke the news on Friday, May 1, 2026.
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