Acting Attorney General Todd Blanche said Tuesday that the indictment of former FBI Director James Comey over a social media post allegedly targeting President Donald Trump does not fall under protected speech.

A federal grand jury in the Eastern District of North Carolina returned a two-count indictment tied to a now-deleted Instagram post showing seashells arranged to form “86 47.” Prosecutors allege the message constituted a serious threat, noting that Trump is the 47th president and that “86” can be used as slang for killing.

Comey previously apologized for the May 2025 post, stating he believed the image conveyed a political message and was unaware of any violent interpretation.

Speaking during a televised press briefing, Blanche said the legal distinction between free speech and a criminal threat is clearly defined under federal law.

“You are not allowed to threaten the president of the United States,” Blanche said, noting that such conduct is addressed by statute and prosecuted regularly. He declined to discuss specific evidence but said the grand jury determined there was sufficient basis to bring charges.

Blanche also addressed questions about proving intent, saying prosecutors rely on a combination of witness testimony, documentation, and statements from the defendant, where applicable.

Authorities have issued a warrant for Comey’s arrest, and Blanche said communication with Comey’s legal team is expected as the case proceeds. He added that the matter will follow standard judicial procedures, including an arraignment scheduled by the court.

The indictment marks a renewed legal challenge for Comey following a separate case last year that was dismissed by a federal judge over procedural issues related to the appointment of the prosecuting attorney.

Federal officials have not released additional details about the evidence in the current case, which is expected to move forward in the coming weeks.