A federal grand jury in North Carolina indicted former FBI Director James Comey on Tuesday over a social media photo he posted last year showing seashells arranged to spell out "86 47." The U.S. Department of Justice alleges Comey threatened to harm President Donald Trump and used interstate commerce to transmit the threat when he published the image online.
The indictment marks the second grand jury indictment of Comey, who has long been a target of Trump's anger stemming from his oversight of the federal investigation into Russian interference in the 2016 presidential election. An arrest warrant was also issued following the indictment.
Prosecutors allege that a "reasonable recipient who is familiar with the circumstances" would interpret the photo as a serious expression of intent to harm Trump. The argument draws on the interpretation that "86" is slang for removing or eliminating something, and "47" refers to Trump as the 47th president — a reading that has circulated widely among Trump supporters since Comey posted the image.
Comey has said the photo was not intended as a call to violence and deleted the post after it drew attention. Acting U.S. Attorney General Todd Blanche said at a press conference that while the case is unusual, the alleged conduct is "the same kind of conduct that we will never tolerate and that we will always investigate and regularly prosecute."
The indictment is a federal matter and does not directly involve Montana law enforcement or courts, but it is drawing significant national attention as another flashpoint in the ongoing tension between Trump's administration and figures from his first term in office.