Trump says James Comey's Instagram post represents 'tremendous danger'
Former FBI Director James Comey made an initial court appearance Wednesday after self-surrendering to law enforcement at the courthouse in the Eastern District of Virginia, following his indictment Tuesday on charges of threatening the president in a social media post that President Donald Trump said represented "tremendous danger."
A federal grand jury in North Carolina on Tuesday indicted Comey over a controversial Instagram post from last year that President Donald Trump and members of his administration claimed was a threat against Trump.
The indictment centers on a controversy that erupted nearly a year ago when Comey, in a since-deleted Instagram post, shared a picture showing the numbers "86 47" written in seashells on the beach with the caption "Cool shell formation on my beach walk."
Asked by reporters in the Oval Office Wednesday if he felt his life was in danger as a result of the post, Trump replied, "Probably. I don't know. You know, based on, based on what I'm seeing out there, yeah. People like Comey have created tremendous danger, I think, for politicians and others."
"If anybody knows anything about, crime, they know 86 ... it's a mob term for kill him, you know," said Trump. "Do you ever see the movies? '86 him,' the mobster says to one of his wonderful associates. '86 him' -- that means kill him."
The Merriam-Webster dictionary suggests the term came from the restaurant and bar industry and says it means "to eject or ban," to "dismiss or remove," or to "reject, discontinue, or get rid of" something.
As outlined in the short, three-page indictment, Comey faces one charge of threats against the president and successors, and one charge of transmitting a threat in interstate commerce.
Comey did not enter a plea during his court appearance.
He answered "Yes, your honor," presumably as an acknowledgement of the charges in the indictment. He was flanked by his two attorneys, Jessica Carmichael and Patrick Fitzgerald.
Comey was allowed to the leave court without conditions for his release. His attorney said, "I don't see why they'd be necessary this time."
Prosecutors in the indictment say the post constitutes a threat that any "reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to the President of the United States."
Comey's attorneys indicated Wednesday that they plan to file a motion accusing the Justice Department of selectively and vindictively prosecuting Comey, and said in court they wanted to make sure the government preserved any materials and public statements that could be related to such a motion.
Prosecutors will likely face a high legal bar to prove that the Instagram post constituted a "true threat," which the Supreme Court in 2023 found required showing an individual understood their message would be perceived as threatening. With the phrase "86 47" increasingly adopted by protesters of the Trump administration, the case could carry sweeping implications for the First Amendment.
Others have used the "86" nomenclature, including Democratic Michigan Gov. Gretchen Whitmer who appeared during a 2020 television interview with a small figurine of the numbers "86 45" on a table behind her, and conservative commentator Jack Posobiec, who posted a Tweet with "86 46" during Joe Biden's presidency.
Comey was indicted last year on unrelated charges for allegedly lying to Congress and obstruction related to his testimony before the U.S. Senate Judiciary Committee in 2020. Comey's lawyers moved to dismiss the indictment, arguing the case was politically motivated and that the grand jury never saw the charges in their entirety, and the case was ultimately dismissed over issues with the legitimacy of the prosecutor who brought the case.
"I know that Donald Trump will probably come after me again, and my attitude is going to be the same," Comey said in a video posted to social media after the previous indictment was thrown out in November. "I'm innocent. I am not afraid, and I believe in an independent federal judiciary -- the gift from our founders that protects us from a would-be tyrant."
The new indictment comes as the Department of Justice in recent weeks has ramped up investigations of some of Trump's perceived political foes under Acting Attorney General Todd Blanche, who is heading up the Justice Department following Trump's ouster of Pam Bondi.
"Nothing has changed with me," Comey posted online Tuesday in response to the indictment, echoing what he said after the previous indictment was thrown out last year. "I'm still innocent, I'm still not afraid and I still believe in the independent federal judiciary so let's go."
"But it's really important that all of us remember this is not who we are as a country, this is not how the Department of Justice is supposed to be and the good news is we get closer every day to restoring those values," he added. "Keep the faith."
