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The new case stems from a 2025 seashell photo posted by the former FBI director that the justice department says calls for violence against Trump.
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The image posted on Instagram last year showed seashells forming the numbers "86 47". "Eighty-six" is a slang term used to mean "eject" or "remove".
Comey has insisted he did not know what the numbers on the image meant, but Trump and other administration officials have said the post was a threat against the 47th president.
Responding to the charges on Tuesday, Comey said: "I'm still innocent, I'm still not afraid, and I still believe in the independent federal judiciary."
At a press conference to announce the indictment, FBI Director Kash Patel said that as the former director of the agency, Comey "knew full well the attention and consequences of making such a post".
"James Comey disgracefully encouraged a threat on President Trump's life and posted it on Instagram for the world to see," Kash Patel said on Tuesday.
Comey was fired by Trump during his first term, after the former FBI director opened an investigation into Russian interference in the US 2016 presidential election.
Since then, Trump has repeatedly called for his prosecution - Tuesday's charges are the administration's second attempt to do so.
"Well, they're back. This time about a picture of sea shells on a North Carolina beach a year ago. And this won't be the end of it, but nothing has changed with me," Comey said in a statement.
Comey faces charges of making a threat against the president and transmitting a threat in interstate commerce, according to court documents. Each charge carries a maximum penalty of 10 years in prison.
The criminal charges were filed in the Eastern District of North Carolina, the same region where the shells were reportedly found.
"Threatening the life of the President of the United States is a grave violation of our nation'
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