Former FBI Director James Comey faced a federal judge in Alexandria, Virginia on Wednesday to answer new charges that could reshape the legal landscape between the bureau's onetime leader and the current president. The indictment, brought by Acting Attorney General Todd Blanche, marks the second prosecution of Comey in recent months and signals the Trump administration's escalating willingness to pursue criminal charges against the figure it views as a political adversary.
This latest case rests on an unusual premise: a May Instagram post Comey made showing seashells arranged to spell "8647." The indictment alleges the image constitutes a threat against the president. Comey captioned the deleted post "Cool shell formation on my beach walk," but prosecutors claim a reasonable recipient familiar with the circumstances would interpret it as expressing intent to harm the president.
The numbers carry alleged hidden meaning. In restaurant terminology, "86" signals getting rid of something, while "47" references Trump as the 47th president. The indictment stops short of explicitly stating this interpretation, yet builds its case on the inference. Legal scholars, including conservative critics of the Trump administration, have called the theory constitutionally dubious. Jonathan Turley, a prominent legal commentator, wrote that the indictment "is unconstitutional and will not likely survive constitutional challenge."
Comey's defense team plans to argue the prosecution amounts to vindictive persecution. His attorney, Pat Fitzgerald, signaled intentions to file a motion challenging the case on those grounds. The former FBI director appeared unmoved by the proceedings, smiling as a U.S. Marshal escorted him from the courtroom. In a social media post, he maintained his innocence and expressed confidence in federal courts.
The Blanche indictment arrives after an earlier prosecution under former Attorney General Pam Bondi collapsed spectacularly. That case, alleging Comey lied to Congress during remote testimony five years prior, fell apart when a federal judge found that the acting U.S. Attorney handling it, Florida insurance attorney Lindsey Halligan, lacked legal authority to hold her position and therefore could not seek charges.
Bondi herself departed the Justice Department this month. Trump had grown frustrated with what he viewed as her failure to advance his prosecutorial agenda, NBC News reported. The president had publicly urged her on Truth Social to target what he considered his political enemies. Her removal cleared the way for Blanche, who had served as deputy attorney general under Bondi and previously worked as Trump's personal lawyer.
Trump expressed satisfaction with Blanche's performance. When asked about the acting attorney general, the president told reporters Blanche was doing a "fantastic job" and called him "a great lawyer." According to a person familiar with internal discussions, Trump has indicated Blanche would make an excellent attorney general. The president has not yet decided whether to nominate him for permanent confirmation, which would require Senate approval.
Other candidates reportedly in contention include U.S. Attorney for the District of Columbia Jeanine Pirro and Harmeet Dhillon, head of the Civil Rights Division. The acting arrangement has a deadline of Oct. 29, according to the same person familiar with the situation. The White House anticipates no major changes before that date.
Blanche has thrown himself into the role with high visibility. He has attended multiple White House events, including a recent state visit by King Charles, and has held several press conferences. One announced charges against the Southern Poverty Law Center. When CBS News asked whether the Comey indictment represented an audition for the permanent job, Blanche bristled at the suggestion.
"I've worked with President Trump for many, many years. I don't audition for this job," Blanche said. "I've been the deputy attorney general for over a year. This is not an audition."
The legal prospects for the case remain murky. When asked whether every posting of "8647" would trigger federal charges, Blanche acknowledged the variability. "Every case is different, every threats case is different," he said. He declined to speculate about jury verdicts, noting that prosecutors who predict trial outcomes undermine their oath of office.
Comey, who served as FBI director under Barack Obama and was dismissed by Trump in 2017, has maintained innocence throughout both prosecutions. The former Republican held Justice Department positions during the George W. Bush administration before his FBI appointment in 2013.
The case originated in the Eastern District of North Carolina, though Comey's brief appearance occurred in Alexandria. U.S. Attorney W. Ellis Boyle traveled to Washington to help announce the indictment. Special Assistant U.S. Attorney Matthew Petracca, hired by Boyle months earlier, carries the prosecution. Petracca, a former Republican councilman in Morris County, New Jersey, has handled few cases in his time at the office.
Trump used the occasion to attack Comey directly. Speaking from the Oval Office, the president called him "a dirty cop" and "a crooked man," claiming figures like Comey created "tremendous danger for politicians and others."
Merchandise bearing the "8647" motif has proliferated online, with t-shirts, hats, buttons, bumper stickers and posters widely available, many incorporating seashell imagery.
Author Sarah Mitchell: "This indictment reads less like serious criminal law and more like weaponized prosecutions dressed in legal robes."
Comments