DOJ argues James Comey's Instagram post could be read as a threat to President Trump

Federal prosecutors in North Carolina filed a brief urging a judge to reject former FBI director James Comey’s request to dismiss criminal charges alleging he threatened President Donald Trump. The government cited an Instagram image of seashells arranged to display the numbers “86 47,” arguing that an objective viewer could interpret the post as a coded call to kill the president.

The filing, submitted by U.S. Attorney W. Ellis Boyle’s office, referenced a novel by Comey that includes a fictional right-wing podcaster who sends similar coded messages. It quoted Cassell’s Dictionary of Slang, which defines “86” as “to throw out, get rid of” and, in later editions, “to kill, to murder.” The document also noted that Comey has acknowledged the “47” refers to Trump, the 47th president.

Comey’s lawyers contend the phrase is a well-known political slogan expressing opposition to Trump and that “86” is commonly used in the restaurant industry to indicate an item is no longer available. They argue 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 stating they have never heard the term used to mean murder.

The indictment follows a separate 2025 grand jury case in Virginia that was dismissed after procedural issues with the appointment of a U.S. attorney. Comey has denied any wrongdoing in both matters.