United States vs. James Comey, The Full Story of the DOJ’s Two Prosecutions

United States vs. James Comey is a federal criminal case in which the U.S. Department of Justice charged former FBI Director James B. Comey with two felony counts for allegedly threatening the life of President Donald Trump through a since-deleted Instagram post. A trial date of July 15, 2026 has been set in the Eastern District of North Carolina. This is the second time the Trump DOJ has sought to criminally prosecute Comey — the first case was dismissed in November 2025.

Field	Detail
Defendant	James B. Comey, former Director of the Federal Bureau of Investigation
Plaintiff	United States of America
Case Type	Federal criminal — threatening the president; transmitting a threat in interstate commerce
Court	U.S. District Court for the Eastern District of North Carolina
Charges	Count 1: 18 U.S.C. § 871(a) — threatening to take the life of or inflict bodily harm on the President; Count 2: 18 U.S.C. § 875(c) — transmitting a threat in interstate commerce
Date Indicted (2nd case)	April 28, 2026
Plea	Not yet entered — arraignment set for June 30, 2026
Trial Date	July 15, 2026 (tentative)
Presiding Judge	U.S. District Judge Louise Flanagan
Maximum Penalty if Convicted	Up to 10 years in federal prison
Prior Case	Case No. 1:25-cr-272, Eastern District of Virginia — dismissed November 24, 2025
Current Status	Active — pretrial motions to dismiss expected by June 5, 2026
Last Updated	May 10, 2026

Full Case Timeline

Date	Event
May 15, 2025	Comey posts a photo on Instagram of seashells spelling “86 47” on a North Carolina beach
May 15, 2025	Comey deletes the post the same day after backlash; says he opposed any violence
Summer 2025	DHS Secretary Kristi Noem opens a Secret Service investigation; Comey voluntarily interviews with investigators
September 25, 2025	Federal grand jury in Virginia indicts Comey on two counts: false statement to Congress and obstruction of a congressional proceeding (Case No. 1:25-cr-272)
October 8, 2025	Comey arraigned in Alexandria, Virginia; pleads not guilty; trial set for January 5, 2026
November 24, 2025	Judge Cameron McGowan Currie dismisses the Virginia case, ruling the prosecutor — Lindsey Halligan — was unlawfully appointed
December 2025	DOJ appeals the Virginia dismissal to the Fourth Circuit Court of Appeals
February 9, 2026	DOJ files formal Fourth Circuit appeal
April 2, 2026	Trump fires Attorney General Pam Bondi; Todd Blanche becomes acting AG
April 28, 2026	New federal grand jury in North Carolina indicts Comey for the second time, this time over the “86 47” Instagram post
April 29, 2026	Comey self-surrenders in federal court in Alexandria, Virginia; released on his own recognizance
May 8, 2026	U.S. District Judge Louise Flanagan sets July 15 trial date; pretrial conference scheduled by May 29; motions to dismiss due June 5
May 10, 2026	President Trump calls Comey a “dirty cop” on Truth Social
June 30, 2026	Arraignment scheduled — Comey expected to plead not guilty
July 15, 2026	Tentative trial start date

Who Is James Comey and How Did This Begin?

James B. Comey served as Director of the FBI from 2013 to 2017, when President Trump fired him during the bureau’s active investigation into possible ties between Russia and Trump’s 2016 presidential campaign. That firing set off years of public conflict between the two men, and Trump has described prosecuting Comey as a long-standing goal.

The current criminal case traces to a single social media post. The indictment against Comey relates to an Instagram post from May last year showing seashells arranged to form the shape of “86 47”, alongside the caption, “Cool shell formation on my beach walk.”

According to Merriam-Webster, “86” used in slang means to “throw out” or “refuse service to.” It also notes that it is sometimes used to mean “to kill.” Forty-seven appears to refer to Trump, the 47th President.

Comey deleted the post the same day it went up. He removed the photo from Instagram and said he was unaware that the post could be associated with violence: “I posted earlier a picture of some shells I saw today on a beach walk, which I assumed were a political message. I didn’t realize some folks associate those numbers with violence. It never occurred to me but I oppose violence of any kind so I took the post down.”

What the Second Indictment Charges

The indictment, filed in the Eastern District of North Carolina, charges Comey with making threats against the president and transmitting a threat in interstate commerce. It alleges that “a reasonable recipient who is familiar with the circumstances would interpret” the seashells arranged in the “86 47” pattern “as a serious expression of an intent to do harm to the President of the United States.”

Acting Attorney General Todd Blanche said at a press conference that “you are not allowed to threaten the president of the United States of America,” adding that the government would present evidence showing Comey intended to cause harm and that the prosecution does not threaten free speech.

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FBI Director Kash Patel said in a press release: “James Comey disgracefully encouraged a threat on President Trump’s life and posted it on Instagram for the world to see. As the former Director of the FBI, he knew full well the attention and consequences of making such a post.”

Comey pushed back directly. In a video posted on his Substack account, he said: “Well they’re back. This time, about a picture of sea shells on a North Carolina beach a year ago, and this won’t be the end of it, but nothing has changed with me. I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary, so let’s go.”

The First Prosecution — and Why It Collapsed

To understand the current case, the first prosecution matters. On September 25, 2025, Comey was indicted in Virginia on two counts: making false statements and obstructing a Senate Judiciary Committee proceeding from 2020. The charges stemmed from his Senate testimony in which he said he did not authorize anyone at the FBI to serve as an anonymous press source.

The prosecution quickly ran into procedural trouble. The top federal prosecutor in Northern Virginia, Erik Siebert, had cast doubt on the strength of the evidence against Comey. The Trump administration then replaced Siebert with Lindsey Halligan, a White House aide who previously served as a personal attorney for Trump. Halligan secured the grand jury indictment against Comey.

On November 24, 2025, senior U.S. District Judge Cameron McGowan Currie ruled that Halligan had not been lawfully appointed and dismissed the indictments of Comey without prejudice. The ruling also noted that the five-year statute of limitations on those alleged offenses had expired on September 30, 2025 — meaning prosecutors may be permanently time-barred from refiling those specific charges.

What Comey’s Defense Will Argue

Comey’s legal team has signaled it will move to dismiss the second case on two grounds.

The first is First Amendment free speech. A 2023 Supreme Court case redefined the standard to prove a “true threat,” requiring the government to prove that the defendant had “some subjective understanding of the threatening nature of his statements.” Comey’s lawyers will argue the post was political expression — not a threat — and that he deleted it immediately and apologized.

The second is selective and vindictive prosecution, the argument that Comey is being charged not because prosecutors believe the evidence is strong, but because of his personal history with Trump. Flanagan directed Comey’s attorneys to file any motions to dismiss and other pretrial challenges by June 5, giving the defense a focused window before the July 15 trial date.

Where Trump Stands and What Comes Next

Trump posted twice on Truth Social the day after the trial date was set, calling Comey a “dirty cop” and sharing clips of Comey’s own public explanations of the seashell post. Trump has repeatedly described Comey as someone who should be prosecuted, and in September 2025 told reporters he expected additional political opponents to face charges.

Acting Attorney General Blanche said on May 3 that the investigation that led to Comey’s indictment featured more than just the “86 47” post. What that additional evidence consists of has not been made public.

Key upcoming dates: pretrial conference by May 29, arraignment June 30, motions to dismiss due June 5, and tentative trial start July 15. The July 15 date is subject to change if the court grants any defense motions.

Frequently Asked Questions

What exactly is James Comey charged with in the 2026 indictment? 

According to the indictment filed April 28, 2026 in the Eastern District of North Carolina, Comey faces two felony counts: Count 1 under 18 U.S.C. § 871(a) for allegedly threatening to take the life of or inflict bodily harm on President Trump, and Count 2 under 18 U.S.C. § 875(c) for transmitting a threat in interstate commerce. Both charges stem from his May 15, 2025 Instagram post of seashells spelling “86 47.”

What does “86 47” mean and why does it matter?

 Prosecutors allege “86” is slang for killing someone and “47” refers to Trump, the 47th president — making the combined phrase a veiled threat. Comey says he understood “86” to mean “to leave a place” or “get rid of” in the restaurant industry sense, and he deleted the post the same day he published it.

Is this the first time DOJ charged Comey? 

No. The DOJ first indicted Comey in September 2025 on charges of making false statements and obstruction related to his 2020 Senate testimony. That case was dismissed in November 2025 after a federal judge ruled that the prosecutor who secured the indictment, Lindsey Halligan, had been unlawfully appointed. The DOJ appealed that dismissal to the Fourth Circuit.

What is the maximum sentence Comey faces if convicted? 

Up to 10 years in federal prison on the current charges, according to the DOJ’s own press materials on the indictment.

Who is the judge in the case?

 U.S. District Judge Louise Flanagan, a George W. Bush appointee, is presiding over the case in the Eastern District of North Carolina.

Where can I read the court filings?

 The indictment and related case documents are publicly accessible through PACER at pacer.gov under the Eastern District of North Carolina docket. Additional case history from the first prosecution (Case No. 1:25-cr-272) is tracked by the Levin Center for Oversight and Democracy at levin-center.org.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. James Comey is presumed innocent unless and until proven guilty in a court of law. All allegations described are based on the government’s indictment and publicly available court records. For advice about a specific legal matter, consult a qualified attorney.