FBI Director Kash Patel has disclosed that the bureau devoted nearly a year to investigating an Instagram post by former FBI Director James Comey, which prosecutors say constituted a threat against President Donald Trump.

Patel made the comments during a Department of Justice press conference announcing Comey's indictment by a federal grand jury in North Carolina's Eastern District. The two-count indictment charges Comey with knowingly making a threat to harm or kill the president and transmitting a threat across state lines. The post in question, dated May 15, 2025, showed seashells arranged on a North Carolina beach to spell "86 47," with the caption "Cool shell formation on my beach walk." Prosecutors interpret "86"--restaurant slang for discarding or, in some contexts, killing--paired with "47" referencing Trump as the 47th president, as a coded call for violence.

"This has been a case that’s been investigated over the past nine, 10, 11 months," Patel said. "These cases take time. Our investigators work methodically. They are career agents, career prosecutors who work these matters. They call the balls and strikes in the field as they see fit, pursuant to the facts of the case and the law." He stressed that Comey would receive full due process and described the former director's actions as a "disgraceful" encouragement of threats against the president.

Comey deleted the post shortly after conservative backlash and denied any violent intent, calling interpretations "crazy." The Secret Service promptly tracked his location and interviewed him, where he reiterated opposition to violence. The investigation linked the post to copycat threats, including those from a former Coast Guard officer charged with assassination threats using the same "86 47" phrasing.

Acting Attorney General Todd Blanche, who joined Patel at the briefing, emphasized that federal law clearly prohibits presidential threats, regardless of medium. "You are not allowed to threaten the president of the United States of America," Blanche said, noting prosecutors would prove intent through evidence at trial.

This marks Comey's second federal indictment in under a year. A September 2025 case accusing him of lying to Congress and obstruction was dismissed in November after a judge ruled the appointing U.S. attorney lacked authority. Comey responded to the new charges in a video, stating, "Well, they’re back. I’m still innocent, I’m still not afraid and I still believe in the independent federal judiciary, so let’s go." His team plans a First Amendment defense, arguing the post was ambiguous political speech.

Patel, a Trump ally and current FBI director, has vowed accountability for past bureau actions, including those under Comey, whom Trump fired in 2017 amid the Russia probe. Critics, including Senate Judiciary Committee Chair Richard Durbin, decried the case as political retribution, but DOJ officials maintain it follows standard threat protocols.

An arrest warrant has been issued, with Comey expected to surrender soon. The case tests boundaries between protected expression and criminal threats in the social media era.