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The Justice Department has indicted a former FBI director for posting a photo of seashells. The trial is scheduled for October

James Comey was the director of the Federal Bureau of Investigation from 2013 to 2017, when Donald Trump fired him. He went on to write a memoir, give congressional testimony, and become one of the more recognizable faces of the institutional resistance to the first Trump administration.

In May 2025, Comey posted a photo on Instagram. It showed seashells on a beach. The shells were arranged to form “86 47.” In April 2026, the DOJ indicted him for it.

The charge is that the numbers constitute a threat against the president. “86” is restaurant-industry shorthand for removing something from service. “47” refers to Trump as the 47th president. Comey apologized, said he had no idea the arrangement could be interpreted as a threat, and noted that he had not selected the shells. The DOJ pursued the case anyway. His trial is scheduled for October.

The case exists alongside the National Mall grass investigation, the ongoing Secret Service review of an organization that flew an “86 47” flag at a permitted protest, and a federal judge’s ruling last month that the National Park Service cannot take action against that same organization. The administration is building a body of jurisprudence around the interpretation of two numbers.

Comey has denied threatening the president. He has also denied knowing, when he reposted a beach photo, that he was encoding a political message about the 47th president. These are things that are either true or not, and a jury will decide in October.

What is not in dispute is that the former director of the FBI is being federally prosecuted for a beach photo, that the DOJ is the entity prosecuting him, and that the president who fired the FBI director is the same one whose number the shells spell out.

If the seashells were not a threat, what exactly is the DOJ’s theory of the case?

Sources

Fox News: Trump cancels planned strikes on Iran, cites near deal
Fox News: Trump says he’s canceled Iran strikes, adds potential deal-signing ‘to be announced shortly’
Breitbart: ’86 47′ Message Carved Into National Mall Grass

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