The indictment of former FBI Director James Comey over his “86 47” social media post has sparked claims of a political double standard, with critics pointing to similar messages about former President Joe Biden that drew little scrutiny.
Comey was indicted Tuesday by the Justice Department under President Donald Trump, accused of making a criminal threat over a now-deleted Instagram post featuring seashells arranged to spell “86 47.”
Comey, a longtime Trump critic, has denied any violent intent, calling it “crazy” to interpret the post as a threat and saying he plans to contest the charges in court.
The number “86” is commonly used as slang meaning to get rid of something, while “47” refers to Trump’s position as the 47th president.
Social media users have since circulated examples of Republicans and conservatives posting “86 46” during Biden’s presidency, fueling debate over how such messages are interpreted and enforced.
Acting Attorney General Todd Blanche said the case is consistent with other prosecutions involving threats against public officials, referencing “multiple cases very similar to this one,” including one involving a threat against former President Biden.
It remains unclear which specific case he was referring to, and Newsweek could not identify any prior indictment tied specifically to an “86 47”-style post.
Multiple social media users have pointed to past examples of conservatives and Republican figures using similar language about former President Joe Biden, particularly the phrase “86 46.”
Screenshots circulating on X show conservative commentator Jack Posobiec posting “86 46” in January 2022. The post has resurfaced in recent days, with critics questioning why it did not prompt similar legal scrutiny.
Progressive media group MeidasTouch shared the image, asking: “When can we expect the indictment?”
Other users highlighted additional examples. A Substack writer known as “Outspoken” posted the same screenshot alongside images of merchandise bearing the “8646” slogan, arguing the phrase had been widely used without consequence. What About ’86 46′ Posts?
The account also pointed to a post from former Republican Representative Matt Gaetz of Florida, who in 2024 used “86’d” in reference to political figures stepping down. While the context differed, critics cited it as part of a broader pattern.
In February 2024, Gaetz shared an article about Republican Senator Mitch McConnell of Kentucky stepping down as party leader with the caption: “We’ve now 86’d: McCarthy, McDaniel, McConnell. Better days are ahead for the Republican Party.”
The “Outspoken” writer captioned her post: “Republicans spent years posting ‘8646.’
“They printed it on shirts. They fundraised on it. Zero indictments. Comey indicted today for ‘864.’”
Newsweek found that “8646” circulated on merchandise sold by independent vendors, but there is no evidence it was adopted by official Republican Party fundraising operations or senior party leadership.
Some commentators framed the contrast as a free-speech issue, with one user writing that similar posts during Biden’s presidency did not lead to legal consequences.
James Comey Responds to Indictment
Comey struck a defiant tone following the indictment, saying he intends to fight the charges.
“Nothing has changed with me. I’m still innocent. I still believe in the independent federal judiciary,” he said in a video posted to Substack. “So, let’s go.”
After deleting the Instagram post last year, Comey said he had seen the shell arrangement on a beach and believed it to be a “political message.”
“I didn’t realize some folks associate those numbers with violence,” he wrote, adding that he opposes “violence of any kind.”
Is the Right Embracing Cancel Culture?
The case has also fed into a broader debate over free speech and so-called cancel culture, particularly among conservative figures who have previously criticized efforts to penalize controversial online expression.
The issue gained renewed attention following the killing of conservative activist Charlie Kirk last year, with some individuals who posted messages celebrating his death getting fired from their jobs.
At the time, some conservative figures called for stronger responses, including efforts to identify and publicize those responsible for such posts.
The Comey case has revived questions about whether attitudes toward online speech shift depending on the political context or target.
Blanche Pushes Back at Critics
At a news conference on Tuesday, Acting Attorney General Blanche directly addressed those who argue this Comey indictment criminalizes protected speech.
“You are not allowed to threaten the president of the United States of America,” he said. “It’s not a very difficult line.”
He added that the Justice Department has brought dozens of cases involving threats against public officials in the past year.
When asked how prosecutors would establish intent, given Comey’s denial, Blanche said the department would rely on “witnesses” and “documents,” but declined to provide further details.
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