Wait, what? Unless I missed something, the only factual basis for the charges against Comey is the 86 47 seashell photo.
Here’s DOJ describing it —
Federal Grand Jury Indicts Former FBI Director James Comey for Threats to Harm President Trump
The Indictment includes two counts, first in violation of 18 U.S.C. § 871, alleging that James Comey, 65, knowingly and willfully made a threat to take the life of, and to inflict bodily harm upon the President of the United States. This charge alleges that on May 15, 2025, by publicly posting an image over the internet via Instagram depicting “86 47”, which a 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.
The Indictment also charges Comey in violation of 18 U.S.C. § 875(c), that James Comey consciously disregarded a substantial risk that his communication would be viewed as threatening violence, and that he knowingly transmitted a communication in interstate commerce that contained a threat to injure the person of another, which a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to a person.
“Threatening the life of the President of the United States is a grave violation of our nation’s laws,” said Acting Attorney General Todd Blanche. “The grand jury returned an indictment alleging James Comey did just that, at a time when this country has witnessed violent incitement followed by deadly actions against President Trump and other elected officials. The temperature needs to be turned down, and anyone who dials it up and threatens the life of the President will be held accountable.”
“James Comey disgracefully encouraged a threat on President Trump’s life and posted it on Instagram for the world to see,” said FBI Director Kash Patel.