Comey was first indicted by the DOJ in September.
Former FBI Director James Comey has reportedly been indicted by the Department of Justice. The move first reported by CNN. Sources told CBS News that the indictment is connected with the "86 47" post made by Comey on social media in 2025.
In May of 2025, Comey posted an image to social media in which shells were arranged to make out the phrase "86 47." The term “86” is understood in slang to mean to eliminate or get rid of something—sometimes with violent connotations, according to Merriam Webster, while 47 is a reference to Trump, who is currently the 47th president of the United States.
Comey was interviewed by the US Secret Service over the post. After public backlash, Comey deleted the post, writing, "It never occurred to me but I oppose violence of any kind so I took the post down." At the time, administration officials, including then-DHS Secretary Kristi Noem and FBI Director Kash Patel, said they were investigating the matter.
The Department of Justice brought charges against Comey for the first time in September. He was hit with two counts of false statements within the jurisdiction of the legislative branch of the US government for statements made during a Senate hearing, and one count of obstruction of a Congressional proceeding.
A judge tossed Comey’s indictment in November over the appointment of Lindsey Halligan as Interim US Attorney for the Eastern District of Virginia, which he called "invalid."
Judge Cameron McGowan Currie wrote, "I agree with Mr. Comey that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid. And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice."
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