Court Battles

Ex-FBI director James Comey makes court appearance, does not enter plea

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by Ella Lee - 04/29/26 3:27 PM ET

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by Ella Lee - 04/29/26 3:27 PM ET

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Former FBI Director James Comey surrendered to law enforcement and made an initial court appearance in Alexandria, Va., on Wednesday after facing new charges stemming from a controversial photo of seashells he shared on social media that displayed the message “86 47.”

The phrase “86” is commonly used as slang for removing or throwing out something or someone, and President Trump is the 47th president. A grand jury in North Carolina returned a two-count indictment against Comey over the image, posted to Instagram.

Comey was flanked by two attorneys and nodded his head as he was read his rights by a magistrate judge. His wife and daughters attended the proceeding and did not speak to reporters afterward.

Despite the government’s request for certain bail conditions, the judge put standard conditions in place.

“They weren’t necessary the last time; I don’t see why they’re necessary this time,” Magistrate Judge William E. Fitzpatrick said.

Comey did not enter a plea, nor was his next court appearance scheduled. He wore a dark suit and did not speak for the duration of the hearing, which lasted less than 10 minutes.

Comey’s attorney indicated that a selective and vindictive prosecution motion from the defense would be imminent, asking the government to preserve its records.

When he posted the photo in May, Comey said he assumed the shells were a “political message” but did not realize the numbers could be associated with violence. He subsequently deleted the post.

In a video Tuesday, he denied any wrongdoing.

“I’m still innocent, I’m still not afraid and I still believe in the independent federal judiciary — so let’s go,” Comey said.

The charges Comey faces — making a threat against the president and transmitting a threat in interstate commerce — require evidence that the former FBI director “knowingly and willfully” issued a threat to “take the life of” Trump.

They each carry a maximum possible sentence of five years in prison, the judge said.

Acting Attorney General Todd Blanche has portrayed the prosecution as akin to federal cases clamping down on threats against any public officials of any political affiliation.

“Threatening the life of the president of the United States will never be tolerated by the Department of Justice,” he said at a press conference Tuesday. “Over the past year, this department has charged dozens of cases involving threats against all sorts of individuals.

“We take these seriously,” Blanche added. “Every single one of them.”

Asked by reporters Wednesday whether he believed Comey had sincerely threatened his life, Trump doubled down that the Instagram post amounted to a threat, suggesting “86” stems from organized crime groups.

“Well, if anybody knows anything about crime, they know 86 … it’s a mob term for ‘kill em,’” Trump said. “You ever seen the movies? ‘86 em,’ the mobster says to one of his wonderful associates.”

“‘86 em,’ that means ‘kill him,’” he added. “I think of it as a mob term.”

This marks the second time Trump’s Justice Department has secured an indictment against Comey, a prominent adversary of the president.

He previously faced false statements and obstruction charges stemming from 2020 testimony he gave Congress concerning leaks at the FBI, but the case was dismissed over the unlawful appointment of the prosecutor who pursued them, former U.S. Attorney Lindsey Halligan. The Trump administration has appealed.

Although the charges were brought in the Eastern District of North Carolina, Comey’s first appearance occurred in the Eastern District of Virginia at the same courthouse where his previous criminal prosecution unfolded.

The U.S. attorney who leads the North Carolina prosecuting office, Ellis Boyle, was present in the Alexandria courtroom on Wednesday.

Trump’s feud with Comey stems from his move to fire him as FBI director in 2017, which became a focal point of former special counsel Robert Mueller’s investigation of whether Trump sought to obstruct the probe into Russian interference in the 2016 presidential election. Comey has been a vocal critic of Trump since.

The second indictment of Comey comes as the Justice Department’s efforts to prosecute Trump’s other foes have fallen short.

After charges alleging mortgage fraud against New York Attorney General Letitia James (D) were dismissed, the Justice Department twice tried to reindict her and failed to obtain a true bill.