James Comey indicted again as DOJ probe deepens into ex-FBI chief

Lawmakers quickly weighed in on the indictment of former FBI Director James Comey, with reactions falling sharply along party lines.

Sen. Josh Hawley, R-Mo., suggested the case should go further, writing on X that the Justice Department “should indict James Comey for other things while they’re at it, like lying to Congress,” adding that Comey “has been before me under oath and lied about leaking classified information.”

“I look forward to watching this case move forward,” Hawley added.

Meanwhile, Senate Minority Leader Chuck Schumer, D-N.Y., criticized the charges, writing on X that “Trump’s perverse attempts to abuse the justice system are on display yet again with his pathetic, second indictment of Jim Comey.”

“Just like last time, he will fail. America rejects bullies,” Schumer wrote.

Sen. Chris Van Hollen, D-Md., echoed that sentiment, calling the case “a clear political persecution” and accusing the Justice Department of acting as “the President’s personal attack dog.”

Fox News contributor and constitutional law attorney Jonathan Turley said the case against former FBI Director James Comey could face significant legal hurdles, particularly on First Amendment grounds, following his indictment tied to a social media post.

Turley said a prosecution based solely on an image — including the seashell formation reading “86 47” — would likely be difficult to sustain in court.

“In my view, it would very likely be viewed as protected speech if it was the basis of a criminal indictment,” Turley said, adding that such a case would face an immediate constitutional challenge.

Turley said that while additional evidence could change the legal analysis, a charge built primarily on the image itself would present “a very difficult foundation” for prosecutors.

The comments come as the Justice Department moves forward with charges against Comey, with the question of intent and the boundaries of protected speech expected to play a central role in the case.

Federal officials said threats against President Donald Trump — and any U.S. president — “will never be tolerated” as they announced charges against former FBI Director James Comey.

Speaking during a news conference Tuesday, Acting Attorney General Todd Blanche said the case reflects the Justice Department’s broader approach to prosecuting threats against public officials.

“Threatening the life of the President of the United States will never be tolerated,” Blanche said, adding that such conduct is both dangerous and a violation of federal law.

Blanche noted the department has brought dozens of cases involving threats against individuals over the past year, including multiple cases tied to political figures.

While the case involving Comey stands out because of his former role leading the FBI, officials emphasized the underlying conduct is treated no differently than similar cases handled across the country.

“It doesn’t matter who you are,” U.S. Attorney W. Ellis Boyle said. “We take all threat cases seriously and prosecute anyone who violates federal law, regardless of title or status.”

Legal questions are emerging over whether charges against former FBI Director James Comey would withstand a First Amendment challenge as he is indicted for a social media post allegedly tied to threats against President Donald Trump.

Comey faced charges Tuesday under 18 U.S.C. § 871, which criminalizes threats against the president, and 18 U.S.C. § 875(c), which covers interstate communications containing threats to harm others.

George Washington University law professor Jonathan Turley told Fox News Digital just before the indictment was released that, if the case is based solely on the widely circulated image posted by Comey, it could face steep constitutional hurdles.

"If Comey is charged for the shell picture, it would face a monumental challenge under the First Amendment," Turley said. "In my view, the image itself is clearly protected speech. Absent some other unknown facts or elements, it would be unlikely to survive a threshold constitutional challenge."

Find out what else legal experts say about Comey’s indictment.

This is an excerpt from a story by Fox News Digital’s Morgan Phillips.

Acting Attorney General Todd Blanche said the investigation into former FBI Director James Comey stretched nearly a year before prosecutors moved forward with charges tied to an Instagram post authorities say threatened President Donald Trump.

During a news conference Tuesday, Blanche said the probe began after the May 2025 post and involved months of work by federal investigators before being presented to a grand jury.

“This investigation just didn’t come now — it’s the result of a lot of work by law enforcement over the past year,” he said, adding that cases are brought only when investigators determine the evidence is ready.

Blanche noted that cases involving alleged threats often require detailed analysis of communications and devices, which can take time, particularly when potential privileged material is involved.

FBI Director Kash Patel said the case was examined for roughly 10 months, with agents and prosecutors working methodically before a grand jury returned a two-count indictment.

Officials said the timing of the charges was driven by the progress of the investigation, not outside factors, with the case now moving forward in court.

Federal prosecutors said they plan to prove former FBI Director James Comey’s intent through witness testimony, documents, and other evidence as he faces charges tied to an Instagram post authorities say threatened President Donald Trump.

While responding to questions about how the government will establish intent, Acting Attorney General Todd Blanche said prosecutors will rely on standard tools used in criminal cases.

“You prove intent with witnesses, with documents, and the defendant himself, to the extent it is appropriate,” Blanche said.

Blanche declined to preview specific evidence but emphasized the case is the result of a lengthy investigation, noting the alleged conduct dates back to May 2025 and was examined for months before charges were brought.

The question of intent is expected to be central to the case, as Comey has previously suggested the post — showing seashells arranged as “86 47” — was not meant as a threat.

Blanche said it would be premature to speculate on trial strategy but stressed the evidence presented was sufficient for a grand jury to return an indictment, with the case now set to proceed in court.

Federal prosecutors confirmed that a grand jury has issued an arrest warrant for former FBI Director James Comey following his latest indictment, though officials emphasized the Justice Department itself does not directly issue such warrants.

When asked about the development, Deputy Attorney General Todd Blanche clarified that the warrant was returned alongside the indictment by a grand jury, not unilaterally sought by prosecutors.

“So the Department of Justice does not issue arrest warrants. Grand juries do,” Blanche said, adding that “the grand jury returned an indictment and arrest warrant.”

Blanche declined to detail whether prosecutors specifically requested the warrant.

“I don’t think that it’s public or clear what the department requested,” he told reporters, reiterating that the grand jury ultimately issued it.

He said the case is expected to proceed through the normal legal process, including coordination with Comey’s legal team and a future arraignment before a judge or magistrate.

“This case will proceed like hundreds of others do every year,” Blanche said.

The arrest warrant marks a notable development in the case, signaling the next phase of proceedings as authorities move toward formally bringing Comey before the court.

Federal prosecutors allege former FBI Director James Comey threatened President Donald Trump in a May 2025 Instagram post, according to newly detailed charging documents tied to his latest indictment.

In the filing, authorities say Comey “knowingly and willfully” made the threat by posting an image of seashells arranged to form “86 47,” which prosecutors argue would be interpreted by a reasonable person as a serious expression of intent to cause harm.

“On or about May 15, 2025, in the Eastern District of North Carolina, the defendant, JAMES BRIEN COMEY JR, did knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States, in that he publicly posted a photograph on the internet social media site Instagram which depicted seashells arranged in a pattern making out ‘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,” count one reads.

The charge, brought in the Eastern District of North Carolina, alleges the post amounted to a direct threat to take the life of or inflict bodily harm on Trump, in violation of federal law governing threats against the president.

A second count accuses Comey of transmitting a threatening communication in interstate commerce, again citing the Instagram post and its interpretation as a threat directed at Trump, the 47th president.

Comey previously described the image as a “cool shell formation” from a beach walk, but investigators argue the context and phrasing carry a widely understood meaning that elevates the post to a criminal threat under federal statutes.

Former FBI Director James Comey was first indicted in September 2025, when a federal grand jury in Virginia charged him with making a false statement to Congress and obstruction of a congressional proceeding.

The charges stemmed from Comey’s testimony during a 2020 Senate Judiciary Committee hearing, where prosecutors alleged he misled lawmakers about his role in authorizing leaks tied to the FBI’s investigation into the 2016 election and Russia probe.

The indictment came just days before the statute of limitations was set to expire and followed pressure from President Donald Trump to pursue legal action against Comey, a longtime political adversary.

Comey pleaded not guilty and denied wrongdoing, arguing the case was flawed and politically motivated, with his legal team challenging both the substance of the charges and the process used to bring them.

A federal judge ultimately dismissed the case later in 2025, ruling that the prosecutor’s appointment was unlawful. Still, senior Trump officials vowed to explore “all options” to proceed with criminal charges against Comey.

Former FBI Director James Comey has been indicted for a second time by the Justice Department, multiple sources told Fox News. The charges appear to be in relation to a May 2025 Instagram photo of an "86 47" shell formation on a beach.

While the specific counts were not immediately clear, the indictment follows a wave of criticism from Republicans and Trump administration officials who viewed the post as a veiled threat.

In the slang often used in the service industry, to "86" something means to eject, cancel or get rid of it. Donald Trump is currently the 47th president of the United States.

Comey removed the post the same day it was uploaded, claiming he had misinterpreted the shells as a general political message.

Find out more about Comey's post and the response.

This is an excerpt from a story by Fox News’ David Spunt and Louis Casiano.