Former FBI Director James Comey broke his silence Monday on the latest federal indictment against him, characterizing the prosecution as part of a broader pattern of retaliation by the Trump administration against its political critics. Speaking on MSNBC, Comey described what he called Donald Trump's "bottomless desire to gain revenge" on those who have publicly opposed him.
The indictment centers on an Instagram photo Comey posted in May 2025 showing seashells arranged to form the numbers "8647." Federal prosecutors in North Carolina claim the image constitutes a serious threat against the president, though Comey and legal experts say the case lacks merit.
Comey said his family has already paid a price for his willingness to speak out. His daughter was fired from her job as a prosecutor in the Southern District of New York, and his son-in-law resigned from a prosecutor position in the Eastern District of Virginia. "There's a cost to speaking up in this strange era, awful era we're in now," Comey said. "I'm not gonna be quiet. I'm going to continue to speak about what I believe."
The former director said he will fight the charges and plans to pursue dismissal. He stressed the importance of maintaining his integrity for his family's future. "I have grandchildren, and someday they'll be old enough to understand his time, and I want them to know what Pop did during this period of time," Comey said.
Comey expressed concern that Americans may become desensitized to what critics call weaponization of the Justice Department. "Even I can feel it, 'Oh, the second time, whatever,' " Comey said about facing indictment again. "This is not normal. This is not who we are."
The seashells case represents the second indictment against Comey under the Trump administration. His former aide Lindsey Halligan was charged in September with lying to Congress, but that case was invalidated after a judge found Halligan was improperly appointed to her prosecutor position.
The prosecution team behind the seashells case includes U.S. Attorney for the Eastern District of North Carolina W. Ellis Boyle, appointed by Attorney General Pam Bondi, and Assistant U.S. Attorney Matthew Petracca, a former Republican county official in New Jersey.
The evidence underlying the case has drawn heavy skepticism from legal experts across the political spectrum. The indictment argues that "a reasonable recipient who is familiar with the circumstances" would view the photo as a threat. However, current Supreme Court precedent requires prosecutors to prove both that a defendant intended to communicate a threat and understood the statement's threatening nature, a higher bar than the indictment's language suggests.
Sarah Krissoff, a former federal prosecutor in the Southern District of New York now at law firm Cozen O'Connor, told NBC News that while arguments about fundamental flaws in an indictment are typically difficult to win, the sheer absurdity of the charges might prompt a judge to find a way to dismiss early. "The law only requires that an indictment sets out the basic elements of a crime," Krissoff said. "But given the history here and the absurdity of criminal charges in these circumstances, the judge may work hard to find a way to dismiss the indictment."
Comey's account of the seashells photo differs sharply from prosecutors' interpretation. He said he and his wife discovered the arrangement during a beach walk and initially thought it spelled out an address. His wife, who worked in restaurants, recognized "87" as industry slang, leading them to realize it carried a political message. Comey posted a photo with the caption "Cool shell formation on my beach walk" and later deleted it after backlash.
The case is assigned to U.S. District Judge Louise Wood Flanagan, a George W. Bush appointee. Acting Attorney General Todd Blanche has claimed there is a "body of evidence" supporting the charges but has not disclosed specifics, citing grand jury secrecy rules.
Legal experts note that "86" carries multiple meanings in everyday usage, particularly in restaurant terminology, complicating prosecutors' argument that the numbers unambiguously conveyed a threat.
Author Sarah Mitchell: "The absurdity of criminalizing a beach photo speaks to how far this has gone, and it's hard to imagine a judge ultimately letting it stand."
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