The Trump DOJ Just Indicted James Comey for the Second Time. The Alleged Crime Is Seashells.
The big picture: Acting Attorney General Todd Blanche announced an indictment against former FBI Director James Comey for an Instagram post from May 2024 — a photo of seashells arranged on a beach to read “86 47.” It’s the second attempt to indict Comey. The first one was thrown out by a federal judge because the prosecutor was improperly appointed. Legal experts say this case is also almost certainly going to fail — but the prosecution itself is the point.
Why it matters: When the federal government uses the DOJ to indict political opponents on charges so weak even Republican strategists are publicly criticizing the move, that’s not law enforcement — that’s a warning shot to everyone else who might criticize the administration. Even doomed prosecutions chill speech and drain opponents.
The seashells
In May 2024, Comey posted an Instagram photo of seashells arranged to read “86 47,” captioned “Cool shell formation on my beach walk.” “86” is restaurant slang for getting rid of something. “47” reads as Trump’s presidency number. He took the post down within a day, saying he didn’t realize some people associate those numbers with violence and that he opposes violence “of any kind.”
The hypocrisy
Big MAGA accounts have shared “86 46” about Biden for years. Trump himself shared a video of a truck decal showing Biden tied up and gagged. That post is still up. The standard appears to be: when MAGA does it about a Democrat, it’s edgy speech. When a former FBI director does it about Trump, it’s a federal crime.
Indictment round two
This is the second time the Trump DOJ has indicted Comey. The first attempt was thrown out by a federal judge because the prosecutor — the interim U.S. Attorney for the Eastern District of Virginia — had been improperly appointed. New acting AG Todd Blanche announced the new indictment yesterday, framing it as routine.
Legal experts say it’s dead on arrival
The post is clearly protected speech under the First Amendment. To convict, the government would have to prove Comey intended a photo of beach seashells as a threat. Defense will likely move for dismissal on selective and vindictive prosecution grounds, given Trump’s history with Comey AND that Trump fired Comey’s daughter from her federal prosecutor position in New York.
Even Republicans are uncomfortable
GOP strategist Barrett Marson: “Most non-MAGA voters want Trump to focus on anything but his personal animus toward a wide variety of people.” Another GOP strategist: “Spending time relitigating old disputes is exactly the opposite of what most Americans want.”
Comey’s response
Posted to Substack: “Well, they’re back. This time, about a picture of seashells on a North Carolina beach a year ago. And this won’t be the end of it, but nothing has changed with me. I am still innocent. I am still not afraid. And I still believe in the independent federal judiciary. So, let’s go.”
By the numbers
2 — Comey indictments by the Trump DOJ
1 — already thrown out by a federal judge
1 year — between the seashell post and the new indictment
86 47 — the alleged threat (a beach photo of seashells)
37% — Trump’s current approval rating
The bottom line
The Justice Department is being used to harass political opponents on charges so weak even Republican strategists are publicly objecting. The first attempt failed. This one will probably fail too. The prosecution itself is the warning shot.
Thanks for reading! Comment your thoughts & reactions | Share to spread the word | Follow to stay in the loop