Grand Jury Indicts Comey Over Alleged Trump Threat

RALEIGH, N.C. - A federal grand jury in the Eastern District of North Carolina indicted former FBI Director James Comey on two threat-related counts tied to a May 15, 2025 Instagram post depicting the phrase "86 47," the Justice Department said.

The department said Comey is presumed innocent unless proven guilty. "An indictment is merely an accusation. The defendant is presumed innocent until proven guilty," DOJ said in its charging announcement.

The case places a former FBI director, President Donald Trump, the Justice Department, and First Amendment advocates inside a fast-moving legal fight over when political expression becomes a prosecutable threat.

What Happened

The Justice Department said the grand jury returned an indictment charging Comey, 65, with Threatening the President under 18 U.S.C. § 871(a) and Transmitting a Threat in Interstate Commerce under 18 U.S.C. § 875(c). If convicted, DOJ said Comey faces a maximum penalty of 10 years in prison.

According to DOJ, the indictment alleges Comey "knowingly and willfully made a threat to take the life of, and to inflict bodily harm upon the President of the United States." The department said prosecutors will argue that a reasonable recipient familiar with the circumstances would interpret the post as "a serious expression of an intent to do harm" to Trump.

Photo by Gunnar Klack via Wikimedia Commons, CC BY-SA 4.0

DOJ's announcement said the alleged conduct was an Instagram image showing "86 47." The indictment document linked by DOJ is the charging document, while the public release summarizes the counts and statutory exposure.

Acting Attorney General Todd Blanche framed the case as a threat prosecution. "Threatening the life of the President of the United States is a grave violation of our nation's laws," Blanche said, according to DOJ.

FBI Director Kash Patel said Comey "knew full well the attention and consequences of making such a post," according to the department. U.S. Attorney Ellis Boyle said the grand jury "found probable cause to indict Mr. Comey."

The Response

The prosecution view is straightforward: DOJ says the case is about a statement that crossed from political expression into a true threat against the president. That theory will require prosecutors to prove the statutory elements beyond a reasonable doubt, including the threatening nature of the communication and Comey's intent under the charged laws.

Civil-liberties groups are pushing in the opposite direction. Mike Zamore, national director of policy and government affairs at the ACLU, said the indictment should alarm Americans who value free speech and accused the Trump administration of targeting a political critic.

"In a democracy, being critical of a leader does not get you thrown in jail," Zamore said in the ACLU statement. "James Comey's latest indictment is yet another example of President Trump abusing his power to target his perceived political opponents."

Rep. James Walkinshaw, a Democrat on the House Oversight and Government Reform Committee, also criticized the indictment. "The indictment against James Comey is absurd. It's destined to fail in court," Walkinshaw said in a written statement.

The central legal issue is not whether the Instagram post was offensive, reckless, or politically charged. It is whether prosecutors can prove that it was a true threat under federal law rather than protected political expression. Defense filings had not been cited in the brief available for this article.

What People Are Saying

"Threatening the life of the President of the United States is a grave violation of our nation's laws."

Todd Blanche, Acting Attorney General, according to DOJ

"The temperature needs to be turned down, and anyone who dials it up and threatens the life of the President will be held accountable."

Todd Blanche, Acting Attorney General, according to DOJ

"In a democracy, being critical of a leader does not get you thrown in jail."

Mike Zamore, ACLU national director of policy and government affairs

"The indictment against James Comey is absurd. It's destined to fail in court."

Rep. James Walkinshaw, Democrat of Virginia

The Big Picture

The case now moves from a charging announcement to federal court, where arraignment, motions practice, and any First Amendment challenge will determine how far the prosecution proceeds. The indictment gives DOJ probable cause from a grand jury, not a conviction.

The next questions are procedural and constitutional. Watch for a docket number, an arraignment date, possible defense motions to dismiss, and whether congressional oversight committees seek records about how the charging decision was approved.