Legal Dispute Over '86'
DOJ Continues Prosecution of Comey Over Ambiguous Instagram Post Alleging Violent Intent
Key Points
A Merriam-Webster entry for '86' lists meanings such as 'to throw out,' 'to get rid of,' or 'to refuse service to,' which challenges the government’s framing of '86' as inherently violent in this case.
Prosecutors say the May 2025 Instagram post was a thinly veiled bid to sell copies of an upcoming novel about a notable social media personality, according to Spectrum News coverage.
The Hill reports that DOJ argued there is no legal authority to bar the jury from deciding the 'true threats' issue and that prosecutors anticipate introducing more evidence at the October trial.
Meaww notes Comey was indicted in April following a North Carolina grand jury for making a threat and transmitting that threat across state lines via social media, placing the case within a state-level grand jury proceeding.
The Justice Department is defending its prosecution of former FBI Director James Comey over a May 2025 Instagram post showing seashells arranged as "86 47," arguing the image was a coded threat against President Trump. Review-Journal reports that prosecutors say there is "no serious dispute" that an objective viewer could interpret the post as threatening, with the numbers meaning "kill" or "get rid of" the president. Comey denies any violent intent and claims the post was protected speech meant to promote an upcoming novel.
The Disputed Meaning of '86'
The case hinges on how the number "86" should be interpreted. Prosecutors argue it is a coded instruction to harm Trump. But Merriam-Webster lists "86" with ordinary meanings: "to throw out," "to get rid of," or "to refuse service to." These definitions don't necessarily imply violence. Comey's legal team says the government is twisting a common term into something sinister.
Comey's Defense Against the Indictment
Comey's lawyers accuse federal investigators of misleading judges and hiding facts to prove he intended to threaten the president. The Hill reports that Comey has stated he did not realize the seashell arrangement could be read as a violent message and deleted the post. His defense team maintains the image was not a true threat under law. They want the case dismissed before trial, but prosecutors are pushing to let a jury decide.
The Novel and Broader Context
Spectrum News coverage notes that prosecutors say the May 2025 Instagram post was a thinly veiled bid to promote copies of Comey's upcoming novel about a notable social media personality. Yahoo Malaysia reports that federal prosecutors have accused Comey of using his fictional novel "FDR Drive" to support their case. The DOJ argues the broader context of threats against public figures makes the post more serious and relevant to jury consideration.
What Happens Next in October Trial
The Hill reports that the DOJ argued there is no legal authority to bar the jury from deciding the "true threats" issue. Meaww notes Comey was indicted in April following a North Carolina grand jury proceeding for making a threat and transmitting it across state lines via social media. An October trial is scheduled, and prosecutors anticipate introducing more evidence to support their coded-message theory.
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