The Justice Department is facing intense scrutiny following the indictment of former FBI Director James Comey over a social media post, sparking a heated debate regarding whether federal prosecutors are applying the law evenly across the political spectrum.
On Wednesday, CBS News chief Washington correspondent Major Garrett pressed acting Attorney General Todd Blanche on why Comey is being charged for an Instagram post of seashells while similar rhetoric from right-wing figures has gone unpunished.
The exchange, which aired on CBS Mornings, centered on a 2025 post where Comey shared a photo of seashells arranged to read “86 47.”
READ: Former FBI Chief Faces Federal Charges Over Viral “8647” Post, Threat To Kill Trump
In restaurant parlance, “86” means to cancel or discard; prosecutors have interpreted the post as a threat against Donald Trump, the 47th president.
Garrett pointed to a 2022 post by influencer Jack Posobiec that read “86 46″—referring to President Joe Biden—noting that Posobiec was never prosecuted by the Biden-era Justice Department.
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“By the standard of that grand jury, Jack Posobiec should face charges as well,” Garrett said, asking if the DOJ would pursue a similar case.
Blanche flatly rejected the comparison, stating that indictments are the result of comprehensive investigations, not single images. He noted that the investigation into Comey’s May 15, 2024, post involved nearly a year of work by the FBI and Secret Service.
“That’s just completely not true,” Blanche said regarding the suggestion of a double standard. “They don’t just look at a single image and then say, ‘OK, yes, we’ll indict.’ Every investigation is different. A lot of factors go into whether someone should or should not be charged. The mere fact there’s a similar photo posted or similar statement made, that’s true every day.”
Comey, facing his second indictment in a year, responded via a video on Substack, maintaining his innocence and dismissing the charges as a fixation on “a picture of seashells on a North Carolina beach.”
“They’re back,” Comey said in the video. “But nothing has changed with me. I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary.”
While the DOJ maintains the two-count indictment is based on specific evidence, several legal experts have expressed skepticism.
Fox News contributor Andy McCarthy labeled the case “absurd,” joining a chorus of critics who have described the prosecution’s legal theory as flimsy.
For now, the Justice Department insists the facts of the Comey case stand apart from previous social media controversies.
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