Analyzing Indictment of James Comey for "86 47" Post
Former FBI Director James Comey has been indicted for a now-deleted Instagram post showing seashells arranged as '86 47,' which prosecutors allege constitutes a threat against President Trump, the 47th president. The government claims the phrase '86 47' could be interpreted as a serious threat to harm the president under federal law. Legal experts argue the phrase is a common idiom meaning removal or rejection, not a true threat, and expect the charges to be dismissed.
- ▪James Comey was indicted for a social media post depicting seashells arranged as '86 47.'
- ▪Prosecutors allege the post constitutes a threat against President Trump under 18 U.S.C. § 871(a) and § 875(c).
- ▪The term 'eighty-six' historically means to eject or refuse service, not to commit violence.
- ▪Legal precedent such as Counterman v. Colorado requires threats to be seriously intended and reasonably perceived as such.
- ▪The post lacks contextual elements that would make it a credible threat under First Amendment standards.
Opening excerpt (first ~120 words) tap to expand
Free Speech Analyzing Indictment of James Comey for "86 47" Post Eugene Volokh | 4.28.2026 5:39 PM Now-deleted Comey post, copied from a CNN article on the indictment. From today's indictment: On or about May 15, 2025, in the Eastern District of North Carolina, the defendant, JAMES BRIEN COMEY JR, did knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States, in that he publicly posted a photograph on the internet social media site Instagram which depicted seashells arranged in a pattern making out "86 47", which 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.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at Reason Magazine.
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