Comey faces charges over "86 47" post. How far will the case get?

Politics Ex-FBI Director James Comey faces charges over "86 47" post. But how far will the case get? By Melissa Quinn, Melissa Quinn Senior Reporter, Politics Melissa Quinn is a senior reporter for CBSNews.com, where she covers U.S. politics, with a focus on the Supreme Court and federal courts. Read Full Bio Melissa Quinn, Jacob Rosen Jacob Rosen Justice Department Reporter Jake Rosen is a reporter covering the Department of Justice. He was previously a campaign digital reporter covering President Trump's 2024 campaign and also served as an associate producer for "Face the Nation with Margaret Brennan." Read Full Bio Jacob Rosen May 1, 2026 / 12:53 PM EDT / CBS News Add CBS News on Google Washington — Former FBI Director James Comey is facing a second round of criminal charges after a federal grand jury voted this week to indict him for allegedly making threats against President Trump. But legal experts expect that the indictment will be challenged on multiple grounds, and they believe it's unlikely Comey will stand trial on charges arising out of a now-deleted Instagram post, which showed a photo of seashells arranged to form the numbers "86 47." The indictment alleges the post could reasonably be interpreted as "a serious expression of intent to do harm" to the 47th president of the United States. Mr. Trump said on Truth Social, "'86' is a mob term for 'kill him.'" Merriam-Webster defines "86" as slang meaning "to throw out" or "get rid of," and the expression is also commonly used in restaurant kitchens."If you can charge somebody for arranging seashells in the sand with an ambiguous message, if that's if that's a threat, if that's criminal speech, then then the First Amendment is in serious jeopardy," said Perry Carbone, a professor at Pace University and former chief of the criminal division for the U.S. Attorney's Office in Manhattan. The former FBI director appeared in federal court Wednesday. He has not yet entered a plea, tho...