The Comey Indictment Fails to Charge a ‘True Threat’

Prosecutors simply don’t have a case.

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Acting Attorney General Todd Blanche announces a second indictment of former FBI Director James Comey during a press conference at the Justice Department in Washington, D.C., April 28, 2026.

Nathan Howard/Reuters

On the Sunday news shows last week, Acting Attorney General Todd Blanche attempted the impossible: an explanation, besides politicized prosecution, for why the Trump Justice Department has charged only his boss’s nemesis, James Comey, with a criminally actionable threat for using the term “86” in connection with a president. Last year, Comey posted on Instagram a photograph of seashells on a North Carolina beach, arrayed to say, “86 47.”

Nobody doubts that “47” refers to Trump, the 47th president of these United States. The question is what “86” means.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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