James Comey indicted again in new Justice Department probe

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 related 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 the 47th president of the United States. 

Former FBI Director James Comey has been indicted by the Justice Department over a social media post that went viral last year.   (Cheriss May/Getty Images)

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

"I posted earlier a picture of some shells I saw today on a beach walk, which I assumed were a political message," Comey wrote in a subsequent post. "I didn't realize some folks associate those numbers with violence. It never occurred to me, but I oppose violence of any kind, so I took the post down."

In an interview with Fox News’ Bret Baier, President Donald Trump rejected this explanation. 

"He knew exactly what that meant. 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."

James Comey and Donald Trump (Alex Kraus/Bloomberg via Getty Images and photo by Andrew Harnik/Getty Images)

This second indictment against Comey comes just hours after a federal judge in New York allowed a separate lawsuit brought by his daughter, Maurene Comey, to move forward against the Justice Department.

Maurene Comey, a former federal prosecutor, is suing the Justice Department over what she describes as an unlawful dismissal. Her lawsuit alleges she was terminated "solely or substantially because her father is former FBI Director James B. Comey, or because of her perceived political affiliation and beliefs, or both."

James Comey was fired by Donald Trump in 2017 during his first term over the handling of the Russia investigation. Since then, Comey has been a vocal critic of the president.

In September 2025, James Comey was charged with lying to Congress regarding press leaks. However, a federal judge dismissed that case after ruling that the prosecutor involved had been improperly appointed. Comey’s legal team has declined to comment on this latest indictment.