Acting Attorney General Todd Blanche told NBC's "Meet the Press" the indictment of former FBI Director James Comey stems from an "11‑month" body of evidence, not solely an Instagram photo of seashells forming "86 47." Blanche said he cannot disclose the material now but pledged a public trial will reveal the evidence. Critics, including Sen. Adam Schiff and Sen. Thom Tillis, say the phrase is common online and question whether the post constitutes a threat. Blanche defended the prosecution and said earlier dismissed indictments were dismissed on procedural appointment grounds.
Acting AG Says Comey Indictment Relies On Broader Evidence, Not Just Seashell Instagram Post
A federal grand jury has returned an indictment charging former FBI Director James Comey over an Instagram photo he posted of seashells spelling out a message about President Donald Trump last year. (@comey via Instagram; Getty Images)(@comey via Instagram; Getty Images)
Acting Attorney General Todd Blanche told NBC News' "Meet the Press" that the indictment of former FBI Director James Comey is based on a larger body of evidence developed over roughly 11 months — not solely the Instagram photo of seashells arranged to read "86 47." Blanche said that evidence was presented to a grand jury and that he is not at liberty to disclose the details before a public trial.
"This is not just about a single Instagram post," Blanche said. "This is about a body of evidence that [prosecutors] collected over the series of about 11 months. That evidence was presented to the grand jury." He added that at a public trial "everybody in this country will know exactly what evidence the government has against Mr. Comey."
When asked whether he felt threatened by Comey’s post, President Donald Trump replied, "Probably." The president also said, "Well, if anybody knows anything about crime, they know 86 — you know what 86 — it's a mob term for kill him."
Restaurant workers told NBC News that "86" is common workplace lingo and not necessarily a reference to death or murder. Sen. Thom Tillis (R-N.C.) expressed skepticism about treating the seashell image as a criminal threat, saying he could not find evidence that "86" is widely used as a call to violence.
Sen. Adam Schiff (D-Calif.) criticized Blanche’s defense of the indictment, noting that "86 47" appears widely on merchandise and social media. Schiff argued the prosecution could appear politically motivated, saying the difference between this case and other public posts or products is that James Comey is a political opponent of the president.
Blanche defended the Justice Department's decision, saying the department has "evidence of all sorts" and that not every public statement or internet post becomes a criminal charge. He noted that federal prosecutors have pursued dozens of cases this year involving threats against public officials.
The acting attorney general took over after President Trump dismissed Attorney General Pam Bondi last month. Blanche said earlier, dismissed indictments involving Comey and New York Attorney General Letitia James are separate matters; a judge previously dismissed those cases because the prosecutor who brought them was found not to have been lawfully appointed, a decision Blanche described as procedural rather than a final ruling on the facts.
Comey was also subpoenaed in a broader probe tied to earlier federal investigations into Russian interference in the 2016 presidential election, a separate matter noted in reporting on his interactions with the Justice Department.
What Happens Next: Blanche reiterated that the full scope of evidence will be presented at a public trial if the case proceeds, at which point the government’s case will be publicly available for scrutiny.
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