How death threat charge against James Comey could put Donald Trump and his allies in hot water
The Trump administration will soon be asking a judge and jury to believe that four digits constitute a death threat.
But if they are successful, it may create an unusual precedent that could land some of the president's backers behind bars.
Former FBI Director James Comey posted an image on Instagram which threatens to put him in jail for ten years.
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At issue is an Instagram post from Thursday in which Comey wrote "cool shell formation on my beach walk" under a picture of seashells that appeared to form the shapes for "86 47." AP
The photo showed a series of seashells and pebbles spelling out the numbers "86 47" on the sand.
"86" is an old-fashioned slang for an item that is no longer on a diner menu, and is commonly used to mean "to throw out".
And "47" is often used to describe Donald Trump, as the 47th president of the United States.
Now the Department of Justice is arguing the message was a death threat against Trump.
Republican Senator Thom Tillis thought the charge against Comey was unwise.
"I just think it's another example of where we're going to regret this, because we're setting a fairly low bar," Tillis told CNN.
Democratic Senator Elizabeth Warren called the charge "bogus".
"This would be embarrassing if it wasn't so damaging," she said.
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Former FBI director James Comey. AAP
Soon after the charge was made against Comey, pro-Trump influencer Jack Posobiec praised the decision.
But it was soon pointed out that Posobiec had posted an identical message about Joe Biden in 2022.
"86 46," Posobiec wrote on X, in a message that is still there.
And Dilbert creator Scott Adams wrote in 2024 "The Simulation says it is time to '86' Biden."
Meanwhile, Fox News host Jesse Watters had used "86" numerous times to describe somebody being fired.
Nevertheless, he claimed Comey had "put a hit out on Trump".
Comey said he did not arrange the shells, but took the photo after finding them that way on a beach.
Soon after it was posted he took it down.
"I didn't realise some folks associate those numbers with violence," Comey said.
"I oppose violence of any kind so I took the post down."
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James Comey testifying before Congress in 2019. (AAP) AP
Trump himself challenged the notion that Comey was unaware of the ulterior meaning of the numbers.
"Well if anybody knows anything about crime, they know '86' is a mob term for 'kill 'em,'" Trump said.
"You ever see the movies?"
Trump himself has a long history of making remarks that could be construed as threats of violence.
In a campaign speech in 2016, he appeared to infer that Hillary Clinton could be shot if she wins the presidency.
"If she gets to pick her judges, nothing you can do, folks, although the Second Amendment people, maybe there is. I don't know," Trump said.
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The indictment of former FBI director James Comey is photographed Thursday, Sept. 25, 2025, in Washington. (AP Photo/Jon Elswick) AP
Comey made his first appearance in court today.
The magistrate judge rebuffed efforts from the Department of Justice to set conditions on Comey's release.
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