The Justice Department filed fresh criminal charges against James Comey on Tuesday, this time over an Instagram post featuring seashells arranged to spell out numbers that federal prosecutors say constituted a threat against President Donald Trump.
The former FBI director posted the image last year with the numerals "86 47" arranged in shells, a combination prosecutors interpreted as coded language. The number 86 carries slang meaning to discard or eliminate something, and 47 references Trump's position as the 47th president. Comey deleted the post shortly after and issued a public apology, stating he had no awareness the arrangement carried violent connotations and reaffirming his opposition to violence.
This marks the second prosecution effort against Comey by Trump's Justice Department. An earlier indictment charging him with lying to Congress was dismissed last year when a federal judge ruled the prosecutor handling the case had been improperly appointed. The new charges suggest the department intends to pursue the matter through a different prosecutorial channel.
Comey's legal team and the Justice Department declined immediate comment on the filing. CNN first reported the new indictment.
The charges underscore escalating tension between Trump and his predecessor's top law enforcement officials. Trump has long blamed Comey for investigating his 2016 campaign's Russia ties and has publicly demanded accountability from the former director. Trump allies lobbied for prosecution even after Comey's initial deletion and apology.
The Comey prosecution fits within a broader pattern. Acting Attorney General Todd Blanche, who sources say wants to retain the position permanently, has accelerated cases targeting Trump's political rivals since the president dismissed predecessor Pam Bondi for moving too slowly on such investigations.
The Justice Department simultaneously escalated inquiries into former CIA Director John Brennan, filed charges against the Southern Poverty Law Center, and prosecuted a former aide to Dr. Anthony Fauci over allegations of concealing federal coronavirus research records. Each move reflects the department's aggressive targeting of figures Trump has publicly criticized.
A separate federal ruling Tuesday gave Comey's daughter a small legal victory. Maurene Comey, fired as a federal prosecutor last year, won the right to proceed with a wrongful termination lawsuit alleging her dismissal was retaliation.
Author James Rodriguez: "This second Comey prosecution looks less like law enforcement and more like settling scores using the federal machinery, especially after the first indictment collapsed on a technicality."
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