A federal grand jury in the Eastern District of North Carolina today returned an indictment charging former FBI director James Comey with making threats to harm President Donald J. Trump.
The Indictment includes two counts, first in violation of 18 U.S.C. § 871, alleging that James Comey, 65, knowingly and willfully made a threat to take the life of, and to inflict bodily harm upon the President of the United States. This charge alleges that on May 15, 2025, by publicly posting an image over the internet via Instagram depicting “86 47”, which a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to the President of the United States.
The Indictment also charges Comey in violation of 18 U.S.C. § 875(c), that James Comey consciously disregarded a substantial risk that his communication would be viewed as threatening violence, and that he knowingly transmitted a communication in interstate commerce that contained a threat to injure the person of another, which a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to a person.
“Threatening the life of the President of the United States is a grave violation of our nation’s laws,” said Acting Attorney General Todd Blanche. “The grand jury returned an indictment alleging James Comey did just that, at a time when this country has witnessed violent incitement followed by deadly actions against President Trump and other elected officials. The temperature needs to be turned down, and anyone who dials it up and threatens the life of the President will be held accountable.”
“James Comey disgracefully encouraged a threat on President Trump’s life and posted it on Instagram for the world to see,” said FBI Director Kash Patel. “As the former Director of the FBI, he knew full well the attention and consequences of making such a post. This FBI and our DOJ partners pursued a rigorous investigation that followed the facts – and now Mr. Comey will be held fully accountable for his actions. Thank you to our investigators, Acting AG Todd Blanche, and the Eastern District of NC for their diligent and professional work.”
“No one is above the law in the Eastern District of North Carolina,” said U.S. Attorney Ellis Boyle for the Eastern District of North Carolina. “Our office regularly pursues threat cases including those against public officials. The Grand Jury examined the evidence in this case and found probable cause to indict Mr. Comey. We will continue to pursue the case as we regularly do every day to protect the people of this District and the United States.”
James Comey is charged with Threatening the President in violation of 18 U.S.C. § 871(a) and Transmitting a Threat in Interstate Commerce in violation of 18 U.S.C. § 875(c). If convicted, he faces a maximum penalty of 10 years in prison.
W. Ellis Boyle, U.S. Attorney for the Eastern District of North Carolina, made the announcement. The Federal Bureau of Investigation is investigating the case, and Assistant U.S. Attorney Matthew R. Petracca is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
Source:
www.justice.gov
