Former FBI Director James Comey Expected to Self-Surrender Today After Second Federal Indictment

WASHINGTON — Former FBI Director James B. Comey is expected to self-surrender Wednesday, April 29, 2026, to federal authorities in the Eastern District of Virginia following a two-count indictment returned Tuesday by a grand jury in North Carolina.

The indictment charges Comey with one count of knowingly and willfully making a threat to take the life of, or inflict bodily harm upon, the President of the United States, and one count of transmitting a threat in interstate commerce. Both counts stem from a now-deleted Instagram post Comey made on May 15, 2025, while on a beach walk in North Carolina. The photo showed seashells arranged to spell out the numbers “86 47.” Comey captioned the image “Cool shell formation on my beach walk” before quickly deleting it and posting an explanation that he did not realize some viewers would associate the numbers with violence and that he opposes violence of any kind.

Prosecutors allege that a reasonable person familiar with the circumstances would interpret “86 47” as a coded threat against President Donald Trump — the 47th president — with “86” being slang for “get rid of” or “kill.” The indictment states Comey “did knowingly and willfully make a threat” through the public Instagram post.

The case was investigated after the post drew immediate attention from Trump allies and law enforcement. The Secret Service interviewed Comey at the time, and the matter was referred to the Justice Department. Acting Attorney General Todd Blanche described the post as a serious expression of intent to harm the president, while FBI Director Kash Patel emphasized that no one is above the law.

This marks Comey’s second federal indictment under the current administration. In September 2025, he was charged with false statements and obstruction of justice related to his congressional testimony. That case was later dismissed on procedural grounds.

Comey, 65, responded to the new charges in a video posted to his Substack, stating: “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.”

If convicted, each count carries a maximum penalty of 10 years in prison. Comey has not yet entered a plea. He is not considered a flight risk, and officials have indicated he will appear in court following self-surrender without being taken into custody in handcuffs.

The indictment is the latest development in the Trump administration’s review of actions by former high-level officials from the Obama and Biden eras. The DOJ has not commented further on timing or additional charges.

The case will be closely watched as it tests the boundaries of protected speech versus threats against the president. Comey, who served as FBI director from 2013 until his firing by Trump in 2017, has been a frequent public critic of the president.