Former FBI Director James Comey is expected to surrender to law enforcement on Wednesday following a new federal indictment.
A grand jury in North Carolina returned a two-count indictment charging Comey with allegedly threatening President Donald Trump. The indictment centers on a photo Comey posted to Instagram showing seashells arranged on a beach to form the numbers 86-47.
The number 86 is commonly used as slang for removing, throwing out, or getting rid of someone or something.
But its meaning in a hostile political post can be heavily debated depending on the user's intent and how the message is received.
Trump is the 47th president.
FBI Director Kash Patel said the bureau spent nearly a year investigating the post, describing the probe as a methodical review handled by career agents and prosecutors, according to remarks reported by Mediaite.
"These cases take time," Patel said, adding that such sensitive threat investigations routinely require extended review before charges are brought.
Patel said the investigation moved through standard channels and emphasized that career FBI personnel, not political leadership, handled the fact-finding and case development.
Patel also said agents "call the balls and strikes in the field as they see fit," framing the work as evidence-driven and guided by established legal standards.
Acting Attorney General Todd Blanche said the indictment reflects a straightforward application of federal law prohibiting threats against the president rather than a First Amendment dispute.
Blanche said prosecutors will still need to prove intent at trial but argued the statute is clear that threats against the president are not protected speech and that a grand jury had already found sufficient evidence to proceed.
"It's not a very difficult line to look at," Blanche said. "And it's not, in my mind, a difficult line for one to cross over one way or the other. You are not allowed to threaten the president of the United States of America."
"That's not my decision," Blanche added. "That's Congress' decision in a statute that they passed that we charge multiple times a year."
Comey denied wrongdoing in a video posted after the indictment.
"Well, they're back this time about a picture of seashells on a North Carolina beach a year ago, and this won't be the end of it, but nothing has changed with me," Comey said.
"I'm still innocent. I'm still not afraid, and I still believe in the independent federal judiciary. So let's go," he added.
Comey also said, "This is not how the Department of Justice is supposed to be."
Comey has argued the post was intended as political commentary and removed it after realizing it could be misinterpreted.
The case marks a renewed legal escalation involving Comey and Trump-era Justice Department prosecutors, setting up a fight over intent standards and the boundary between protected speech and criminal threats.
Comey previously faced allegations of false statements and obstruction stemming from 2020 congressional testimony concerning leaks at the FBI, but that case was dismissed due to the challenged process of how the prosecutor had been appointed. The Trump administration has appealed.
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
© 2026 Newsmax. All rights reserved.