CBS’s chief Washington correspondent Major Garrett kicked off an interview with acting Attorney General Todd Blanche on Wednesday by asking him whether MAGA influencer Jack Posobiec could be prosecuted for the same threat that former FBI Director James Comey is currently being indicted for.

Speaking to Blanche Wenesday on CBS Mornings, the day after Comey was charged over his “86 47” seashell Instagram post in 2025, Garrett began by asking Blanche about a similar post by Posobiec, which said “86 46.”

The number 86 is commonly used in restaurant kitchens to mean discard or get rid of. In the Comey case, it has been interpreted by prosecutors as a threat against Donald Trump, the 47th president.

“Let’s do a compare and contrast, Mr. Blanche,” Garrett told the AG. “In 2022, someone well known in right-wing circles, Jack Posobiec, posted on X, ‘8646.’ He did not take it down. Mr. Comey has done both of those things. The Biden Justice Department never prosecuted him. By the standard of that grand jury, Jack Posobiec should face charges as well. Will the Justice Department pursue that case, because they sound very similar?”

“That’s just completely not true,” Blanche fired back. “That’s not how a grand jury does its work. They don’t just look at a single image and then say, ‘OK, yes, we’ll indict,’ or ‘OK, no, we won’t indict.’ They do an investigation. This conduct took place in May of last year, May 15. It has been almost a year. I assure you, the FBI, the Secret Service, and the U.S. Attorney’s office have not been sitting around doing nothing. They have been investigating. I have no idea whether there was an investigation into the other times that that post has been made and whether that investigation yielded different results.

Blanche added: “This investigation that we undertook resulted in a two-count indictment. So you cannot compare, ‘Well, what happened last time?’ What happened this time, every investigation is different. You know that. The American people know that. A lot of factors going into whether someone should or should not be charged. The mere fact there’s a similar photo posted or similar statement made. That’s true every day. There’s comments made about President Trump, threats made against President Trump. Every one of those are not indicted. It depends on the facts of every case.”

Shortly after the charges were filed on Tuesday, Comey himself responded to the indictment, his second in just one year, in a video message posted to Substack.

“Well, they’re back. This time about a picture of seashells on a North Carolina beach over a year ago, and this won’t be the end of it,” he said.

He added: “But nothing has changed with me. I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary, so let’s go.”

The case against Comey has been attacked as flimsy by many legal experts — including Fox News contributor Andy McCarthy, who called it “absurd.”

Watch above via CBS.

New: The Mediaite One-Sheet "Newsletter of Newsletters"
Your daily summary and analysis of what the many, many media newsletters are saying and reporting. Subscribe now!