April 28, 2026 6:07 pm

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Former FBI Director James Comey indicted for call-to-action social media post to kill President Trump

A federal grand jury in the Eastern District of North Carolina on Tuesday, April 28, returned an indictment charging former FBI director James Comey with making threats to harm President Donald J. Trump, the DOJ announced.

james comey
Acting Attorney General Todd Blanche (center) making the announcement of the indictment against former FBI director James Comey. Source: DOJ

“Threatening the life of the President of the United States is a grave violation of our nation’s laws,” said Acting Attorney General Todd Blanche. “The grand jury returned an indictment alleging James Comey did just that, at a time when this country has witnessed violent incitement followed by deadly actions against President Trump and other elected officials. The temperature needs to be turned down, and anyone who dials it up and threatens the life of the President will be held accountable.”

The Indictment includes two counts, first in violation of 18 U.S.C. § 871, alleging that James Comey, 65, knowingly and willfully made a threat to take the life of, and to inflict bodily harm upon the President of the United States. This charge alleges that on May 15, 2025, by publicly posting an image over the internet via Instagram depicting “86 47”, which a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to the President of the United States.

james comey
Image of former FBI Director James Comey and the “86 47” post the DOJ is alleging as call-to-action to kill President Donald J Trump.

The Indictment also charges Comey in violation of 18 U.S.C. § 875(c), that James Comey consciously disregarded a substantial risk that his communication would be viewed as threatening violence, and that he knowingly transmitted a communication in interstate commerce that contained a threat to injure the person of another, which a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to a person.

“James Comey disgracefully encouraged a threat on President Trump’s life and posted it on Instagram for the world to see,” said FBI Director Kash Patel. “As the former Director of the FBI, he knew full well the attention and consequences of making such a post. This FBI and our DOJ partners pursued a rigorous investigation that followed the facts – and now Mr. Comey will be held fully accountable for his actions. Thank you to our investigators, Acting AG Todd Blanche, and the Eastern District of NC for their diligent and professional work.”

James Comey is charged with Threatening the President in violation of 18 U.S.C. § 871(a) and Transmitting a Threat in Interstate Commerce in violation of 18 U.S.C. § 875(c). If convicted, he faces a maximum penalty of 10 years in prison.


Source: DOJ

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