Former FBI Director James Comey is expected to self-surrender to authorities
A federal grand jury in North Carolina indicted Comey on Tuesday.
Former FBI Director James Comey is expected to self-surrender today in the Eastern District of Virginia, sources familiar with the matter told ABC News.
A federal grand jury in North Carolina on Tuesday indicted Comey over a controversial Instagram post from last year that President Donald Trump and members of his administration claimed was a threat against the president.
The new indictment centers on a controversy that erupted nearly a year ago when Comey, in a since-deleted Instagram post, shared a picture showing the numbers "86 47" written in seashells on the beach with the caption "Cool shell formation on my beach walk." Citing the slang meaning of "86" as to "nix" or "get rid" of something, allies of the president allege that the post was a veiled threat against Trump, who is the 47th president.
As outlined in the short, three-page indictment, Comey faces one charge of threats against the president and successors, and one charge of transmitting a threat in interstate commerce.
Prosecutors in the indictment say the post constitutes a threat that any "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."
Prosecutors will likely face a high legal bar to prove that the Instagram post constituted a "true threat," which the Supreme Court in 2023 found required showing an individual understood their message would be perceived as threatening. With the phrase "86 47" increasingly adopted by protesters of the Trump administration, the case could carry sweeping implications for the First Amendment.
Comey was indicted last year on unrelated charges for allegedly lying to Congress and obstruction related to his testimony before the U.S. Senate Judiciary Committee in 2020. Comey's lawyers moved to dismiss the indictment, arguing the case was politically motivated and that the grand jury never saw the charges in their entirety, and the case was ultimately dismissed over issues with the legitimacy of the prosecutor who brought the case.
"I know that Donald Trump will probably come after me again, and my attitude is going to be the same," Comey said in a video posted to social media after the previous indictment was thrown out in November. "I'm innocent. I am not afraid, and I believe in an independent federal judiciary -- the gift from our founders that protects us from a would-be tyrant."
The new indictment comes as the Department of Justice in recent weeks has ramped up investigations of some of Trump's perceived political foes under Acting Attorney General Todd Blanche, who is heading up the Justice Department following Trump's ouster of Pam Bondi.
"Nothing has changed with me," Comey posted online Tuesday in response to the indictment, echoing what he said after the previous indictment was thrown out last year. "I'm still innocent, I'm still not afraid and I still believe in the independent federal judiciary so let's go."
"But it's really important that all of us remember this is not who we are as a country, this is not how the Department of Justice is supposed to be and the good news is we get closer every day to restoring those values," he added. "Keep the faith."
This is a developing news story. Please check back for updates.
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