Blanche Defends New Comey Indictment And Denies Trump Directed Prosecution
On Tuesday, April 28, 2026, a federal grand jury in the Eastern District of North Carolina indicted former FBI director James Comey for allegedly threatening President Donald Trump. (NPR)
The two-count indictment cites federal statutes that bar threats against the president and interstate threats and centers on a May 2025 Instagram photo of seashells arranged as "86 47." (Fox News) The filing, signed by Assistant U.S. Attorney Matthew Petracca and assigned to Judge Louise Wood Flanagan, carries an arrest warrant. (CBS Mornings) At a Justice Department news conference prosecutors described the post as a willful threat and said a reasonable recipient familiar with the circumstances would view it as a serious expression of intent. Acting Attorney General Todd Blanche told "CBS Mornings" that President Trump did not direct the prosecution, saying, "Of course not, absolutely, positively not," and urged critics to "look at the indictment." (CBS Mornings)
The episode traces back to Trump's 2017 firing of Comey and to campaign promises in 2024 to pursue political opponents, including Comey. In May 2025 Comey posted and quickly deleted the seashell photo and said he hadn't realized some people associate those numbers with violence; the Secret Service later interviewed him. (PBS News) A separate September 2025 indictment accusing Comey of lying to Congress was dismissed in November 2025 after a judge found the prosecutor's appointment unlawful. (NPR)
Early reports treated the new filing as another chapter in Comey's legal fights, but the Justice Department briefing and later coverage framed the seashell image explicitly as a call for violence or incitement. Legal scholars warn the case faces significant First Amendment hurdles and note Supreme Court precedent requires proof that Comey understood his post as a true threat. (CBS DOJ news conference Fox News NPR)
Legal experts are raising significant First Amendment concerns regarding the indictment of James Comey, emphasizing that the prosecution must demonstrate he understood his Instagram post as a true threat. Matthew Yglesias of Slowboring critiques the sensational framing surrounding the case, arguing that political commentary should prioritize sober analysis over melodrama. He contends that the current discourse, which oscillates between viewing the indictment as a triumph of justice or as evidence of political persecution, distorts public understanding of the legal issues at play. By focusing on procedural questions and evidentiary standards, Yglesias suggests that a more measured approach could mitigate polarization and foster a clearer evaluation of institutional risks.
Social media reactions reflect a spectrum of opinions, with some users, like former West Virginia House member @DerrickEvans4WV, celebrating the indictment as a form of accountability, while others, including Army veteran @Mesaclone, oppose it on free speech grounds, asserting that the post does not constitute a credible threat. @thomas_garrard warns that prosecuting someone for an Instagram post could set a dangerous precedent for First Amendment rights, indicating that public sentiment is divided on the implications of this legal action.
Show source details & analysis (13 sources)
📌 Key Facts
- A federal grand jury returned a new indictment on Tuesday, April 28, 2026, in the Eastern District of North Carolina charging former FBI Director James Comey over a May 2025 Instagram post and the filing — signed by Assistant U.S. Attorney Matthew Petracca, assigned to Judge Louise Wood Flanagan and accompanied by an arrest warrant — was described in the grand jury indictment as alleging a willful threat to assassinate President Donald Trump.
- Prosecutors in the Eastern District of North Carolina charged Comey under federal criminal statutes including 18 U.S.C. § 871 (threats against the president) and 18 U.S.C. § 875(c) (interstate communications containing threats).
- The case centers on a May 2025 Instagram photo of seashells arranged as “86 47” (reported as “8647”) that DOJ and officials have interpreted as a coded call for President Trump’s assassination rather than mere political speech, an interpretation described in coverage of the Instagram photo.
- Comey deleted the seashell post shortly after posting it, saying he “didn't realize some folks associate those numbers with violence,” and he previously pleaded not guilty in October 2025 to an earlier indictment that was later dismissed; after the new charges he has publicly said he is innocent, according to reporting on the earlier indictment.
- At an April 29, 2026 interview, Acting Attorney General Todd Blanche denied that President Trump directed the prosecution, said the matter had been investigated for nearly a year, noted a grand jury returned the indictment, and urged people to “look at the indictment” rather than assume political motives.
- The Justice Department publicly framed the theory of the case at a Justice Department news conference as treating the seashells post as a willful threat or incitement of violence rather than mere symbolism, emphasizing prosecutors will rely on surrounding context and what a “reasonable recipient familiar with the circumstances” would conclude.
- Legal experts and analysts warn the prosecution faces significant constitutional hurdles — including First Amendment challenges and Supreme Court precedent requiring proof that a defendant understood his communication as a true threat — a point highlighted by commentary on First Amendment issues surrounding the case.
📊 Analysis & Commentary (1)
"The piece criticizes the breathless, partisan framing that surrounds events like the Comey indictment and argues commentators should adopt boring, procedural, evidence‑based coverage to reduce spectacle and improve public understanding."
📰 Source Timeline (13)
Follow how coverage of this story developed over time
- On Wednesday, April 29, 2026, Acting Attorney General Todd Blanche told "CBS Mornings" that President Trump did not direct him to pursue the latest case against James Comey, saying, "Of course not, absolutely, positively not."
- Blanche said the case has been investigated for nearly a year and emphasized that a grand jury returned the indictment, characterizing the charges as not politically motivated and urging people to "look at the indictment."
- The article confirms the new indictment was returned by a grand jury on Tuesday, April 28, 2026, in the Eastern District of North Carolina, is signed by Assistant U.S. Attorney Matthew Petracca, and is assigned to Judge Louise Wood Flanagan, along with an arrest warrant for Comey.
- The indictment alleges that Comey’s May 2025 Instagram photo of seashells arranged as "86 47" constitutes a threat to assassinate President Trump and states that a "reasonable recipient who is familiar with the circumstances" would interpret it as a serious expression of intent to harm the president.
- Blanche argued that dismissing such conduct as "just about seashells" misses the point and said, "You cannot threaten the president of the United States," while acknowledging that not every comment or threat about President Trump is indicted and that outcomes depend on the facts of each case.
- When asked about similar images posted by conservative figures about former President Joe Biden, Blanche replied that "every investigation is different" and that not all threats are charged, reiterating that this case turns on its specific facts.
- The NPR newsletter reiterates that the Justice Department has secured a new two‑count indictment against James Comey for allegedly threatening President Trump via an Instagram photo posted and then deleted in May 2025, depicting seashells arranged as '8647'.
- It reports that, according to court documents referenced by NPR, the grand jury has issued a warrant for Comey’s arrest in connection with the new indictment.
- NPR’s legal correspondent Carrie Johnson notes that some lawyers question whether the case will ever reach trial because Supreme Court precedent requires prosecutors to prove Comey understood his post to be a threat, while existing evidence indicates he viewed it as protected political speech.
- Johnson also contrasts DOJ’s assertion that it is treating Comey like anyone else with evidence of presidential posts demanding prosecution of Comey and others who investigated Trump.
- CBS News reported on Tuesday, April 28, 2026, that James Comey said he is innocent after the new federal indictment over his 2025 Instagram post.
- The CBS segment frames this as Comey's second indictment and notes that the government alleges the Instagram post was a threat against President Donald Trump.
- The report emphasizes that Comey is publicly contesting the allegation that the post constituted a threat to kill the president.
- PBS NewsHour segment on Tuesday, April 28, 2026, reports that the Department of Justice has 'once again' indicted former FBI Director James Comey, confirming this is the second Trump‑era prosecution attempt.
- The segment states that DOJ explicitly argues the May 2025 '86 47' seashell post is a death threat against President Donald Trump, language that sharpens how prosecutors are framing the case.
- PBS characterizes the post as having been 'shared last year' and directly links this new indictment to that specific social media content.
- CBS News reports on Tuesday, April 28, 2026, that the Justice Department has charged James Comey with two criminal counts, both alleging he threatened President Donald Trump's life.
- The CBS segment frames the case explicitly as DOJ accusing Comey of threatening Trump's life, reinforcing that the core theory of the new indictment is threat-related rather than obstruction or false-statements charges.
- On Tuesday, April 28, 2026, the Justice Department held a public news conference to discuss the new indictment of former FBI Director James Comey.
- The DOJ briefing reiterated that the grand jury indictment centers on a 2025 Instagram post that prosecutors characterize as a willful threat to kill President Trump.
- CBS describes the government's theory of the case explicitly as hinging on the post being a willful threat, underscoring how DOJ is framing intent in public.
- CBS News reports on April 28, 2026, that a federal grand jury indicted former FBI Director James Comey over a 2025 Instagram post the government alleges was an incitement of violence against President Trump.
- The CBS piece characterizes the theory of the case as the government alleging that the Instagram post constituted an incitement of violence against the president, sharpening the description of the charged conduct beyond a general 'threat.'
- CBS identifies its legal reporter Katrina Kaufman as providing details, indicating the network is treating the indictment as a major federal criminal development with ongoing legal analysis.
- On Tuesday, April 28, 2026, prosecutors in the Eastern District of North Carolina charged James Comey under 18 U.S.C. § 871 (threats against the president) and 18 U.S.C. § 875(c) (interstate communications containing threats).
- The indictment is explicitly tied to Comey’s May 2025 social media image of seashells arranged as '8647,' allegedly posted while he was in the Eastern District of North Carolina.
- Prosecutors state they will argue that a 'reasonable recipient familiar with the circumstances' would interpret the post as a serious expression of intent to harm President Donald Trump, signaling reliance on surrounding context rather than explicit wording.
- George Washington University law professor Jonathan Turley told Fox News Digital that, if the case is based solely on the shell image, it would face a 'monumental challenge' under the First Amendment and that the image itself is 'clearly protected speech' absent additional facts.
- Conservative legal advocate Mike Davis argued that threats against a sitting president fall outside First Amendment protection and cited the 'third assassination attempt against President Trump on Saturday' as reinforcing the need for prosecution.
- The article identifies W. Ellis Boyle as the U.S. attorney overseeing the case, noting he was appointed in 2025 and sworn in by his father, a longtime federal judge in the same district.
- On Tuesday, April 28, 2026, NPR reported that a grand jury has handed up a new indictment against James Comey and that the Justice Department has secured the indictment, citing a source familiar with the matter.
- The NPR report states that the exact criminal charge or charges in the new indictment are not yet publicly known.
- The article reiterates that the case revolves around Comey's prior seashell photo post arranged as '8647' on social media and notes continuing dispute over whether the image was a violent threat or a political message.
- NPR recaps that a federal judge in November dismissed an earlier DOJ attempt to indict Comey for alleged false statements and obstruction tied to 2020 Senate testimony, after ruling the acting U.S. attorney who obtained those indictments was unlawfully appointed, and that those earlier cases were dismissed without prejudice.
- On Tuesday, April 28, 2026, the Associated Press confirmed that James Comey was indicted again, this time over a May 2025 Instagram photo of seashells arranged as '86 47' that officials say constituted a threat against President Donald Trump.
- The AP article recounts that Comey deleted the post shortly after sharing it, writing that he "didn't realize some folks associate those numbers with violence" and adding, "I oppose violence of any kind so I took the post down."
- Secret Service agents interviewed Comey soon after the post, after Trump administration officials asserted that he was advocating the assassination of Trump, whom they describe as the 47th president.
- Merriam-Webster is cited to explain that '86' is slang meaning 'to throw out,' 'to get rid of,' or 'to refuse service to,' and notes the killing sense is recent and sparsely used and is not entered in that dictionary.
- The article quotes Trump telling Fox News in May 2025 that Comey "knew exactly what that meant" and that "If you're the FBI director and you don't know what that meant, that meant assassination."
- The piece notes this is the Justice Department's second case against Comey in months, following a September 2025 indictment over alleged lies and obstruction to Congress that was later dismissed after a judge ruled the prosecutor's appointment unlawful.
- The Wall Street Journal reports on April 28, 2026, that James Comey has been charged in connection with a social-media photo showing seashells arranged in a pattern officials alleged was a call for President Trump's assassination.
- The WSJ recounts that Comey was previously charged in September with lying to Congress, but that case was dismissed by a judge, and describes the new case as the Justice Department's second attempt to prosecute him.
- The article characterizes the seashell post as being interpreted by officials as an assassination call, aligning with but independently confirming the "coded threat" theory reported elsewhere.
- On Tuesday, April 28, 2026, the Trump Justice Department brought a second indictment against former FBI Director James Comey after his first case was dismissed because the prosecutor’s appointment was ruled illegal.
- A source familiar with the matter told MS NOW that the new indictment centers on a May 2025 social media post in which Comey allegedly threatened President Donald Trump.
- The post reportedly showed shells on a beach spelling out '8647,' which investigators interpret as a coded reference to '86' meaning to 'get rid of' or 'to kill' and '47' referring to Trump as the 47th U.S. president.
- The article reiterates that Comey had previously pleaded not guilty in October 2025 to an earlier indictment accusing him of lying to and obstructing Congress about whether he authorized FBI personnel to act as anonymous sources in 2020 Senate testimony; that earlier case was dismissed on appointment grounds.