Former FBI Director James Comey faces a second indictment from the Justice Department, with sources confirming the new charges relate directly to his controversial Instagram post that investigators believe called for President Trump’s assassination.
Second Indictment Follows Dismissed Case
The Justice Department filed new charges against Comey after a federal judge dismissed the first indictment last year. The original case accused Comey of lying to Congress about leaking information to the press. A federal judge threw out those charges, ruling that the interim U.S. Attorney for the Eastern District of Virginia was improperly appointed without Senate approval, violating the Constitution’s Appointments Clause. Two sources familiar with the matter confirmed the second indictment to CNN, though prosecutors have not yet publicly detailed the specific charges.
BREAKING 🚨 Peter Doocy just EXPOSED James Comey for his “8647” post “After 30 seconds of Googling you see that 86 means to k*ll someone”
Peter Doocy is spot on, we all know what he meant
I strongly support James Comey going to prison pic.twitter.com/FnLIOPVqID
— Tironianae 🍊🍊 Z. – Ultra Verbum Vincet (@Tironianae) April 23, 2026
The Cryptic Beach Post Investigation
Investigators focused on a May 2025 Instagram post where Comey shared a photograph of shells arranged in sand forming the numbers 86 and 45. Comey captioned the image with seemingly innocent text about a cool shell formation during a beach walk. The number 86 carries slang meaning to eliminate or remove something, while 45 references Trump as the 45th president. Comey offered an elaborate explanation, claiming his wife Patrice suggested the arrangement might be a political message. He insisted she mentioned that 86 meant removing menu items when she worked as a server, and he thought it meant ditching a place from his childhood.
Denial and Investigation
Comey dismissed suggestions the post called for assassination as crazy, claiming he thought nothing of it until people began interpreting it that way. He stated his wife encouraged him to photograph and post the image on Instagram. The former FBI director, whom Trump fired in 2017, has remained a target of the administration’s efforts to hold accountable those Trump believes weaponized the justice system against him during and after his presidency.
What This Means
The new indictment represents the Justice Department’s determination to pursue charges despite the previous dismissal on procedural grounds. Trump has consistently pressed for accountability from officials he views as political adversaries who targeted him through investigations and prosecutions. The specific charges in this second indictment remain under seal, but the connection to the Instagram post suggests prosecutors built a case around what they characterize as an implied threat against the president. The outcome could set precedent for how coded messages on social media are prosecuted.
