A North Carolina grand jury has officially indicted former FBI Director James Comey on two federal counts involving alleged threats against President Donald Trump, sparking a heated national debate over free speech.
The charges stem from a 2025 Instagram photograph posted by Comey, which depicted a collection of seashells arranged on a beach to form the numbers “86 47.”
Federal prosecutors argue the arrangement constitutes a criminal threat, interpreting the number “86” as a slang term for “eliminate” or “get rid of,” directed at the 47th president.
President Trump further escalated the rhetoric on Truth Social, telling followers that “86” is a “mob term for ‘kill him’” and asserting that the post was a direct call to “kill President Trump.”
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The legal action drew a sharp rebuke from podcaster Joe Rogan, who addressed the situation during a recent episode of his show. Rogan described the government’s decision to pursue a criminal case over a social media post involving seashells as “nuts.”
He expressed concern that the prosecution relies on a highly subjective interpretation of ambiguous imagery, arguing that the case sets a “crazy precedent” for the country. Rogan questioned the underlying legal basis for the charges, suggesting the move could significantly undermine First Amendment protections for political expression.
For his part, Comey has remained firm that the post was a piece of political commentary rather than a physical threat.
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His legal team maintains that the message was protected speech, though the Department of Justice appears prepared to argue that the context of the numbers meets the threshold for a credible threat against a sitting commander-in-chief.
As the case moves toward trial in North Carolina, the proceedings are expected to test the limits of how digital metaphors and slang are treated under federal law.
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