Former FBI Director James Comey indicted again in Justice Department probe

WASHINGTON - Former FBI Director James Comey was indicted on Tuesday in an investigation over a social media photo of seashells arranged on a beach that officials said constituted a threat against President Donald Trump.

The news was initially confirmed by a person familiar with the matter who was not authorized to publicly discuss the matter and confirmed the indictment to The Associated Press on the condition of anonymity. 

James Comey indicted again

Big picture view:

The two-count indictment charges Comey with "knowingly and willfully" making a threat to "take the life of, and to inflict bodily harm upon" Trump and with transmitting a threat in interstate commerce. It does not provide evidence that Comey knowingly threatened Trump, especially since Comey has said the opposite, but suggested a "reasonable recipient who is familiar with the circumstances would interpret" the message as a threat.

The case was filed in the Eastern District of North Carolina, the state where Comey found the seashells.

James Comey says he's ‘still innocent’

What they're saying:

"Well, they’re back – this time about a picture of seashells on a North Carolina beach a year ago, and this won’t be the end of it," Comey said in a video statement Tuesday. "But nothing has changed with me. I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary. So let’s go."

Comey's legal team said in a statement that they "will contest these charges in the courtroom and look forward to vindicating Mr. Comey and the First Amendment."

Comey previously said he believed the shell arrangement—spelling out "86 47"— was intended as a political statement rather than a call for violence.

Last year, Comey was questioned by the Secret Service after Trump administration officials claimed the post encouraged violence against the president. Comey later deleted the image, stating, "I didn't realize some folks associate those numbers with violence" and "I oppose violence of any kind so I took the post down."

According to Merriam-Webster, "86" is commonly used as slang meaning "to get rid of" or "to refuse service." While it can also be interpreted as "to kill," the dictionary notes that this meaning is relatively recent and not widely established.

The other side:

At a news conference Tuesday, Blanche refused to elaborate on any evidence of intent the government has but said: "How do you prove intent in any case? You prove intent with witnesses, with documents, with the defendant himself to the extent it's appropriate. And that's how we'll prove intent in this case."

And in an effort to rebut claims that Comey was being selectively prosecuted, Blanche contended the case against the former FBI director was similar to other threats cases the department routinely brings against the lesser known.

"While this case is unique and this indictment stands out because of the name of the defendant, his alleged conduct is the same kind of conduct that we will never tolerate and that we will always investigate and regularly prosecute," Blanche said.

In an interview on Fox News last year, Trump said Comey was fully aware of the implication.

"A child knows what that meant," Trump said. "If you’re the FBI director, and you don’t know what that meant, that meant assassination. And it says it loud and clear."

The backstory:

This marks the second criminal case the Justice Department has pursued against Comey. 

EARLIER: James Comey calls Secret Service probe over beach photo ‘a distraction’

 The Justice Department’s decision to bring a new case against the former FBI director – months after a separate, unrelated indictment was dismissed – may lead defense attorneys to argue that the Trump administration is disproportionately focusing on Comey. Comey had previously overseen the early stages of an investigation into whether President Donald Trump’s 2016 campaign coordinated with Russia to influence the election’s outcome.

The former FBI director was indicted in September on charges that he lied to and obstructed Congress related to testimony he gave in 2020 about whether he had authorized inside information about an investigation to be provided to a journalist. He denied any wrongdoing, and the case was subsequently dismissed after a judge concluded that the prosecutor who brought the indictment was illegally appointed.

Comey was the FBI director when Trump took office in 2017, having been appointed by then-President Barack Obama, a Democrat, and serving before that as a senior Justice Department official in President George W. Bush’s Republican administration.

Trump fired Comey in May 2017 amid an FBI investigation into potential ties between Russia and Trump’s campaign. That inquiry, later taken over by special counsel Robert Mueller, found that while Russia interfered in the 2016 election and the Trump team welcomed the help, there was insufficient evidence to prove a criminal collaboration.