Legal experts sceptical of DoJ case against Comey over seashell post

April 29, 2026

The Department of Justice has indicted former FBI Director James Comey for allegedly threatening President Donald Trump through an Instagram post showing seashells arranged as "86 47," with "47" potentially referring to Trump and "86" being slang for removal or ejection. Legal experts, including former prosecutors and even some Trump supporters, have expressed significant skepticism about the case's viability, citing constitutional free speech protections and the difficulty of proving Comey intended to make a true threat rather than a political statement. Comey deleted the original post and explained he didn't realize the numbers could be associated with violence, stating he opposes violence of any kind.

Who is affected

James Comey (former FBI Director facing criminal charges)
President Donald Trump (alleged victim of the threat)
The Department of Justice (prosecuting agency)
Acting Attorney General Todd Blanche (defending the charges)
FBI Director Kash Patel (involved in the investigation)
Grand jury members who voted to issue charges
Legal experts and former prosecutors commenting on the case

What action is being taken

The Department of Justice is prosecuting Comey on two counts (threatening to harm the president and digitally transmitting the threat)
Comey is defending himself through social media and court appearances
Prosecutors are working to prove intent and that the post constituted a "true threat"
Comey appeared before a federal judge on Wednesday

Why it matters

This case raises critical questions about the limits of free speech protections under the First Amendment, particularly regarding political expression and criticism of government officials. The prosecution's ability to prove criminal intent from ambiguous social media posts sets a precedent that could impact how political speech is regulated and prosecuted. The case also highlights concerns about potential political motivation in federal prosecutions, especially given this is the second indictment against Comey and comes amid a politically charged environment following multiple attempts on Trump's life.

What's next

No explicit next steps stated in the article

Read full article from source: BBC