Acting Attorney General Todd Blanche on Tuesday said the indictment of former FBI Director James Comey for allegedly threatening President Donald Trump is not a free speech issue.
A federal grand jury in the Eastern District of North Carolina indicted Comey earlier Tuesday on two charges tied to a now-deleted Instagram post showing seashells arranged to form "86 47," which prosecutors say is a serious threat. Trump is the 47th president, and "86" can be slang for killing a person.
Comey apologized for the May 2025 post, saying he assumed the seashell image was a political message and that "it never occurred to me" that "86 47" was associated with violence.
Blanche was asked during a press briefing aired live on Newsmax and the free Newsmax2 streaming platform about the line between free speech and a true threat.
"It's not a very difficult line to look at," he 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. That's Congress' decision in a statute that they passed that we charge multiple times a year.
"And so, whether there is a defense, maybe there is, but the government will have evidence. I am not going to talk about the evidence that we have. That's unfair to him. It's unfair to the prosecutors. But it's enough to say that the grand jury returned an indictment."
Blanche expressed similar sentiments when asked whether it would be difficult to prove Comey's intent.
"This case was indicted today," he said. "This conduct occurred about a year ago, May 15 of last year. There has been a tremendous amount of investigation. And how do you prove intent? In any case, you prove intent with witnesses, with documents, with the defendant himself, to the extent it's appropriate. And that's how we'll prove intent in this case."
Blanche said a warrant was issued for Comey's arrest, and that he expects "communication with Mr. Comey's counsel, and we'll go from there."
"This case will proceed like hundreds of others do every year," Blanche said. "There will be some sort of arraignment set by the judge or assigned to the magistrate judge. And when that happens, you'll know about it. But this is being handled differently from the last time he was indicted."
Comey was indicted in September in Virginia on felony counts alleging false statements related to the Russia investigation and obstruction. A judge in November dismissed the indictment, ruling the Trump administration unlawfully appointed Lindsey Halligan as U.S. attorney for the Eastern District of Virginia.
GET TODAY NEWSMAX+:
NEWSMAX is the fastest-growing cable news channel in America with more than 30 million people watching!
Reuters Institute reports NEWSMAX is one of the top news brands in the U.S.
You need to watch NEWSMAX today.
Get it with great shows from Rob Schmitt, Greta Van Susteren, Greg Kelly, Carl Higbie, Rob Finnerty – and many more!
Find the NEWSMAX channel on your cable system – Go Here Now
BEST OFFER:
Sign up for NEWSMAX+ and get NEWSMAX, our streaming channel NEWSMAX2 and our military channel World at War.
Find hundreds of shows, movies and specials.
Even get Jon Voight's special series and President Trump's comedy programs and much more!
Watch NEWSMAX+ on your smartphone or home TV app.
Watch NEWSMAX anytime, anywhere!
Start your FREE trial now: NewsmaxPlus.com
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
© 2026 Newsmax. All rights reserved.