We could not confirm a new criminal charge against former FBI Director James Comey today. The most recent charges we could find are from April, and a related ruling came Monday in his daughter's case. We are reporting what the record shows.
A federal grand jury in North Carolina indicted Comey on April 28, 2026. The two counts allege he threatened the president's life and sent a threat across state lines. The case rests on a photo he briefly posted to Instagram in 2025 that showed seashells in the sand arranged as "86 47" 2.
That case is still pending. The Associated Press (AP) reported Monday that Comey has sought to dismiss it and that "some legal experts have greeted" it "with skepticism" 1.
What officials and Comey have said
At the time, Todd Blanche, then acting attorney general, said the Justice Department would not tolerate threats against the president 2. Comey's lawyer, Patrick Fitzgerald, said Comey "vigorously denies the charges" and will contest them in court 2.
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vigorously denies the charges
Comey has said he deleted the photo and did not realize some people link those numbers to violence. He has said he opposes violence 2.
A first case that collapsed
This was not the first Comey prosecution. He was indicted in late September 2025 on charges of lying to Congress and obstructing a congressional proceeding, and he pleaded not guilty 2. A judge dismissed that case in November after finding that the prosecutor who brought it, Lindsey Halligan, was unlawfully appointed. The Justice Department has appealed 2.
Comey had argued that the first prosecution was vindictive and selective. The judge never ruled on that motion 2.
Monday's ruling on his daughter
Also on Monday, U.S. District Judge Jesse Furman ruled that the Trump administration illegally fired Maurene Comey in July 2025. She had been a federal prosecutor in New York for a decade 1. Furman found the firing violated the separation of powers and her due process rights 1.
Furman rejected the government's argument that Congress cannot regulate the removal of federal prosecutors. He said that claim "flies in the face of nearly two centuries of Supreme Court precedent" 1. The Justice Department did not immediately respond to AP's request for comment 1.
What happens next
Comey's motion to dismiss the Instagram case is pending, and the appeal of the first dismissal is also pending 12. We found no trial date or new filing in the sources we read.
Here is why this matters. Presidents have long been expected to keep the Justice Department at arm's length from their personal grudges. Trump has repeatedly called for Comey to be jailed, and the department has pursued him twice in a year, with mixed success 1. A court has now also found the firing of his daughter unlawful.
These are allegations, not convictions. Comey is presumed innocent, and the courts will decide whether the charges stand.
The Record
- The Trump administration fired prosecutor Maurene Comey in July 2025; a judge ruled the firing illegal on Oct. 26, 2026 1.
- James Comey was first indicted in late September 2025 on charges of lying to Congress and obstruction; a judge dismissed the case in November over an unlawful prosecutor appointment 2.
- A North Carolina grand jury indicted Comey on two counts over an Instagram seashell photo reading "86 47" 2.
Sources
- PBS NewsHour (AP), “Trump DOJ illegally fired ex-FBI director's daughter, Maurene Comey, as a federal prosecutor, judge rules” (2026-10-26). pbs.org/newshour/politics/trump-doj-illegally-fired-ex-fbi-d
- CBS News, “Comey indicted again on charges stemming from Instagram post” (2026-04-28). cbsnews.com/news/james-comey-indicted-again-by-justice-dept/
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