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Former FBI Director James Comey has been charged with threatening the life of President Donald Trump in a newly released federal charging document. The indictment marks the second time in less than a year that Comey has faced charges brought by the Trump administration.
The new case was filed in the Eastern District of North Carolina, where a grand jury issued an indictment and a court clerk issued an arrest warrant. Prosecutors allege the charges stem from a social media post in which Comey arranged seashells to display the numbers “86 47,” Mediaite reported.
According to the charging document, the numbers were interpreted as a threat to remove or kill the 47th president. The document states that a reasonable person familiar with the context would view the post as a serious expression of intent to harm the president.
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“On or about May 15, 2025, in the Eastern District of North Carolina, the defendant, JAMES BRIEN COMEY JR, did knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States,” the document reads. It further alleges that Comey posted the image publicly on Instagram, depicting seashells arranged in the pattern “86 47.”
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Prosecutors also charged Comey with transmitting a threat in interstate and foreign commerce through the social media platform. The filing alleges the communication contained a threat to kill the president.
During a Tuesday press conference, FBI Director Kash Patel said the case had been under investigation for several months. He said the investigation had been ongoing for “9, 10, 11 months,” Patel said.
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Comey was previously indicted last September on charges of lying to Congress, but that case was later dismissed by a federal judge. The judge ruled that the interim U.S. attorney who brought the case had not been lawfully appointed.
“Mr. Comey now moves to dismiss the indictment on the ground that Ms. Halligan, the sole prosecutor who presented the case to the grand jury, was unlawfully appointed in violation of 28 U.S.C. § 546 and the Constitution’s Appointments Clause,” District Court Judge Cameron McGowan Currie wrote. “As explained below, I agree with Mr. Comey that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid,” Currie wrote.
🚨 BREAKING: AG Todd Blanche confirms James Comey is facing up to 20 YEARS in prison following his indictment in the Eastern District of North Carolina
LET’S GO! 🔥
An ARREST WARRANT has been issued for Comey by a federal judge in North Carolina pic.twitter.com/drTutXofHs
— Nick Sortor (@nicksortor) April 28, 2026
.@DAGToddBlanche: “Today, a grand jury sitting in the Eastern District of North Carolina returned an indictment against James Comey on two counts.”
Count one: Knowingly and willfully making a threat to take the life of, and to inflict bodily harm upon, the President of the… pic.twitter.com/lrJCHGysBI
— Rapid Response 47 (@RapidResponse47) April 28, 2026
BREAKING: An ARREST WARRANT has been issued for James Comey — NOT just a court summons like last time
The US Marshals have been ORDERED by a federal judge in North Carolina to take James Comey into CUSTODY
COMEY MUGSHOT INCOMING! 🔥 pic.twitter.com/WkBZFPTU7g
— Nick Sortor (@nicksortor) April 28, 2026
Acting Attorney General Todd Blanche said Tuesday that he was not aware whether Comey had been taken into custody following the indictment. He said the process would depend on several factors, including decisions by prosecutors and the court, Blanche said, Mediaite reported.
“I don’t know whether he’s under arrest right now. I’m here talking to you,” Blanche said. “The grand jury issued an arrest warrant. I think that the way that this happens is different in every case,” Blanche said.
Blanche said the timeline for an arraignment would be determined by the court in the coming days. He added that decisions about how Comey proceeds would be handled by prosecutors and investigators involved in the case, Blanche said.
