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Home - CBSNews.com

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Comey indicted again on charges stemming from Instagram post
2026-04-29 · via Home - CBSNews.com

By

Jacob  Rosen

Jacob Rosen

Justice Department Reporter

Jake Rosen is a reporter covering the Department of Justice. He was previously a campaign digital reporter covering President Trump's 2024 campaign and also served as an associate producer for "Face the Nation with Margaret Brennan."

Read Full Bio

/ CBS News

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Washington — Former FBI Director James Comey was indicted again, multiple sources familiar told CBS News, marking the second time he will face charges brought by President Trump's Justice Department.

The specific charges are unknown but stem from an image he briefly shared to Instagram last year that showed seashells arranged in the sand to form the numbers "86 47," the sources said. He was indicted in the Eastern District of North Carolina, a source told CBS News.

Comey was interviewed last May by Secret Service agents about the post. Then-Homeland Security Secretary Kristi Noem said at the time that the former FBI leader had "just called for the assassination" of the president and said the Secret Service would investigate and "respond appropriately."

CNN first reported that Comey had been indicted again.

The image shared by Comey sparked outrage from Mr. Trump's supporters, who interpreted "47" as referring to his status as the nation's 47th president and "86" as meaning "eject" or "remove." Comey deleted the photo and wrote in an Instagram post that he believed the shell formation was communicating a "political message." 

"I didn't realize some folks associate those numbers with violence," Comey wrote. "It never occurred to me but I oppose violence of any kind so I took the post down."

Mr. Trump has consistently voiced his anger at Comey since he fired him from his post at the FBI in 2017, during his first term. In a September post to Truth Social, the president told then-Attorney General Pam Bondi "we can't delay any longer" and urged her to take action against Comey, New York Attorney General Letitia James and Sen. Adam Schiff, a California Democrat. 

Bondi was ousted as attorney general earlier this month and Todd Blanche, her deputy, was installed as acting attorney general.

Comey was first indicted by a federal grand jury in late September on charges he lied to Congress during testimony in September 2020 and obstructed a congressional proceeding. He pleaded not guilty.

The case — as well as criminal charges against James, the New York attorney general — was dismissed in November when a federal judge found that Lindsey Halligan, the top prosecutor in eastern Virginia who secured the indictments against Comey and James, had been unlawfully appointed to the job.

The Justice Department appealed that decision. Halligan left her post at the Justice Department in January.

Comey sought to dismiss the first indictment on multiple grounds, including on the basis that his prosecution was vindictive and selective. In court filings in that case, Comey's lawyers said that Mr. Trump had ordered prosecutors to charge him out of "personal spite," since Comey is a frequent critic of the president.

The judge overseeing Comey's first criminal case never ruled on that motion.

Melissa Quinn contributed to this report.

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