CounterPunch Exclusives

CounterPunch Exclusives

The Great Seashell Threat: a Former Montana Supreme Court Justice on the Comey Indictment

Photograph Source: Mark Warner – CC BY 2.0

Of all the really stupid prosecutions Trump and his Department of Justice have pursued since he became the despot in chief, the charges against former FBI Director James Comey, are the most ridiculous.

On Tuesday, April 28, Comey was indicted over a photo of seashells on the shore, officials said threatened President Donald Trump. The indictment was handed down by a grand jury in the Eastern District of North Carolina where Comey allegedly took the photo and made the threat by posting it on the internet, in interstate commerce.[i]

According to a Department of Justice press release:

“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.[ii]”

“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.[ii]”

The photo of “86 47” was arranged in the beach sand out of rocks and sea shells.

According to Merriam-Webster the term “86” dates back to the 1930s and referred to an item at a soda counter being sold out. Over the years, the term broadened beyond the soda counter and is used commonly across the hospitality industry when an item is sold out or to refuse service to someone who is too drunk. It’s also........

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