FILE PHOTO: Former FBI Director James Comey testified in front of the Senate Intelligence Committee in the Senate Hart building on Capitol Hill, on Thursday, June 8, 2017.
Cheriss May | Nurphoto | Getty Images
Former FBI Director James Comey is expected to appear in Alexandria, Virginia, federal court on Wednesday to face a two-count indictment accusing him of threatening to kill President Donald Trump last May by posting on Instagram a photo of seashells arranged to form the message “86 47” on a North Carolina beach.
“I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary, so let’s go,” Comey said Tuesday, after the indictment — the second against him in less than a year — was unsealed in U.S. District Court for the Eastern District of North Carolina, where the case will be prosecuted.
Comey will appear in Alexandria for the first hearing in the case because that is the closest federal court to his home.
Trump and the Department of Justice have claimed that the numbers “86 47” represented a threat to assassinate Trump.
“86” is slang for ejecting or removing a person, according to dictionaries, and Trump is the 47th president of the United States.
Comey said last May that he took the photo of the shells after seeing them on the beach during a vacation in North Carolina, and that he assumed it was a “political message.”
“I didn’t realize some folks associate those numbers with violence,” Comey said after backlash to the photo that erupted shortly after he posted it. “It never occurred to me, but I oppose violence of any kind so I took the post down.”
Comey removed the photo less than a day after posting it.
FBI Director Kash Patel said at a press conference on Tuesday announcing the charges against Comey that the FBI has been investigating the case for the past “nine, 10, 11 months.”
But the three-page indictment against Comey is notably sparse in details of any evidence that the FBI might have dug up against him, other than the photo of the shells and a claim that Comey meant to convey the threat that Trump alleged was meant by their arrangement.
The indictment says Comey “knowingly and willfully did transmit in interstate and foreign commerce a communication that contained a threat to kill the President, Donald J. Trump, specifically, by publicly posting 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 President Trump.”
Comey is charged with threatening the president and with transmitting a threat in interstate commerce.
Source: @comey | Instagram
The federal magistrate judge expected to handle Wednesday’s hearing is William Fitzpatrick, who, coincidentally, is the same magistrate who in September handled Comey’s first indictment by the DOJ in the Eastern District of Virginia.
Comey, in that case, was accused of lying to the Senate Judiciary Committee in 2020 when he denied authorizing someone else at the FBI to be an anonymous source in news reports regarding an investigation of Hillary Clinton and her emails when she was the Democratic presidential nominee in 2016.
That indictment was seen by critics of Trump and the DOJ’s current leadership as retaliation against Comey for his role at the FBI in an investigation of Trump’s 2016 campaign and its contacts with Russians.
The first indictment was dismissed in November after another federal judge found that then-interim U.S. Attorney Lindsey Halligan, who had obtained the indictment, had not been validly appointed by Trump.
