President Donald Trump late Wednesday slammed former FBI Director James Comey as a "dirty cop" and maintained that a social media post by Comey amounted to an assassination threat.
Writing on Truth Social, Trump said that "'86' is a mob term for 'kill him.'"
"They say 86 him!" Trump said. "86 47 means 'kill President Trump.' James Comey, who is a Dirty Cop, one of the worst, knows this full well! EIGHT MILES OUT, SIX FEET DOWN! Didn't he also lie to the FBI about this??? I think so! President DJT"
Trump earlier on Wednesday made similar comments in the Oval Office when asked by CNN correspondent Kaitlan Collins whether he believed his life was in danger because of Comey's post.
"Well if anybody knows anything about crime, they know '86,'" Trump said. "You know what '86' – it's a mob term for 'kill him.' You know?
"You ever see the movies? '86 him,' the mobster says to one of his wonderful associates. '86 him.' That means kill him. I think of it as a mob term."
When pressed on whether Comey intended to encourage violence, Trump said: "Probably, I don't know. Based on what I'm seeing out there, yeah. The people like Comey have created tremendous danger, I think, for politicians and others."
The Department of Justice on Tuesday filed a two-count indictment against Comey over his 2025 Instagram post, saying it amounted to "a serious expression of an intent to do harm to the president of the United States."
The case was filed in the Eastern District of North Carolina, where Comey said he found the seashells referenced in the post. He made his first court appearance on Wednesday at the federal courthouse in Alexandria, Virginia, where he lives.
Comey deleted the post shortly after it was made, saying: "I didn't realize some folks associate those numbers with violence" and "I oppose violence of any kind so I took the post down."
Legal analysts say the case could face significant hurdles under the First Amendment, which broadly protects free speech.
The Supreme Court has held that statements are not protected if they meet the legal threshold of a "true threat," requiring prosecutors to show that a defendant at least recklessly disregarded the risk that a statement could be perceived as threatening violence.
In an opinion piece published Tuesday, George Washington University law professor Jonathan Turley said the case raises broader constitutional concerns.
"Despite being one of Comey's longest critics, the indictment raises troubling free speech issues," Turley wrote. "In the end, it must be the Constitution, not Comey, that drives the analysis, and this indictment is unlikely to withstand constitutional scrutiny."
The Supreme Court has also found that hyperbolic political speech is protected. In a 1969 case, the court ruled that a Vietnam War protester's remark about targeting President Lyndon B. Johnson did not constitute a true threat, noting the context and audience reaction indicated it was not serious.
Comey responded to the indictment in a video posted on Substack, expressing confidence in the legal process.
"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," Comey said.
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