DOJ's Outlandish Claim: Comey's Instagram Post Framed as 'Threat' to Trump
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Federal prosecutors, in a move that smacks of political retaliation, allege that former FBI director James Comey's Instagram photo is a coded threat against President Trump, opposing his motion to dismiss the indictment.
Federal prosecutors in North Carolina, continuing the Trump-era tradition of weaponizing the justice system against dissenters, filed a brief urging a judge to reject former FBI director James Comey’s request to dismiss criminal charges that allege he threatened President Donald Trump. The government, stretching credulity, cited an Instagram image of seashells arranged to display the numbers “86 47,” claiming that an 'objective' viewer could interpret the post as a coded call to kill the president—a claim that reeks of political paranoia and right-wing overreach.
The filing, submitted by U.S. Attorney W. Ellis Boyle’s office, even referenced a novel by Comey, twisting fiction into supposed evidence by noting a right-wing podcaster character who sends similar coded messages. The prosecutors quoted Cassell’s Dictionary of Slang, cherry-picking definitions of “86” as “to throw out, get rid of” and, in later editions, “to kill, to murder.” They also noted that Comey has acknowledged “47” refers to Trump, the 47th president, as if political opposition is tantamount to a death threat.
Comey’s lawyers rightfully argue that the phrase is a well-known political slogan expressing opposition to Trump, and that “86” is a common restaurant term meaning an item is out of stock. They maintain that no reasonable observer would see the post as a violent threat. The defense also cited an affidavit indicating the FBI’s own searches produced mixed definitions of “86,” with many law-enforcement officials admitting they have never heard the term used to mean murder.
This indictment follows a separate 2025 grand jury case in Virginia that was dismissed due to procedural issues with the appointment of a U.S. attorney. Comey has consistently denied any wrongdoing in both matters, highlighting the ongoing abuse of prosecutorial power to silence critics of Trump and his allies.