DOJ won’t pursue every ‘86 47’ post after James Comey’s indictment, says Todd Blanche

Former FBI director James Comey was indicted over a 2025 post showing seashells reading '86 47,' slang allegedly referring to Donald Trump
A question was raised about '86 47' merchandise prosecutions, and Todd Blanche said such posts are common and do not automatically lead to indictments (X/@Acyn, Getty Images)
A question was raised about '86 47' merchandise prosecutions, and Todd Blanche said such posts are common and do not automatically lead to indictments (X/@Acyn, Getty Images)


WASHINGTON, DC: Acting Attorney General Todd Blanche has said that not every individual posting or interacting with the cryptic “86 47” message would face prosecution, a claim made in light of the recent indictment of James Comey.

Blanche made the statement on NBC’s 'Meet the Press' when host Kristen Welker questioned him about dozens of products being sold on Amazon featuring the term “86 47.” 

Not every '86 47' post leads to indictment, says Todd Blanche

Deputy Attorney General Todd Blanche speaks at a news conference to announce an update on the Epstein files at the Department of Justice on January 30, 2026 in Washington, DC. Blanche announced that the department had released three million additional pages in the investigation of Jeffrey Epstein. (Anna Moneymaker/Getty Images)
Deputy Attorney General Todd Blanche speaks at a news conference to announce an update on the Epstein files at the Department of Justice on January 30, 2026 in Washington, DC (Anna Moneymaker/Getty Images)

“Should individuals selling or buying these ‘86 47’ merchandise be concerned that they’ll be prosecuted by the DOJ?” Welker asked.

To which the official replied, “Of course not. That's posted constantly, that phrase is used constantly.“

“There are constantly men and women who choose to make threatening statements against President Trump. Every one of those statements do not result in indictments, of course,” he added.

James Comey faces charges tied to '86 47' message

Last week, former FBI director James Comey was indicted for posting a photo on social media in 2025 that showed seashells arranged to read “86 47.”

According to reports, “eight six” is a slang term meaning “get rid of,” and “47” allegedly referred to President Donald Trump, the 47th president of the United States.

Former FBI Director James Comey speaks at Harvard Kennedy School with Harvard's Eric Rosenbach on February 24, 2020 in Boston, Massachusetts. (Photo by Paul Marotta/Getty Images)
Former FBI Director James Comey speaks at Harvard Kennedy School with Harvard's Eric Rosenbach on February 24, 2020 in Boston, Massachusetts (Paul Marotta/Getty Images)

Prosecutors described Comey’s post from May last year as “a serious expression of an intent to do harm to the President of the United States.”

He has been charged with Threatening the president in violation of 18 USC § 871(a) and Transmitting a Threat in Interstate Commerce in violation of 18 USC § 875(c).

If found guilty, he could face a maximum penalty of 10 years in prison.

The 65-year-old has denied any wrongdoing. “This won't be the end of it - but I'm still innocent, I'm still not afraid and I still believe in the independent federal judiciary,” he said last week.

In 2025, after deleting the post, Comey said, “I posted earlier a picture of some shells I saw today on a beach walk, which I assume were a political message. I didn't realize some folks associate those numbers with violence. It never occurred to me, but I oppose violence of any kind so I took the post down.”

GOP senators question legal basis of James Comey charges

Trump criticized Comey, telling reporters, “If anybody knows anything about crime, they know 86. It's a mob term for kill him. The mob uses that term to say when they want to kill them, they say 86 the son of a gun.”

President Donald Trump speaks during an event at the Raymond F. Kravis Center for the Performing Arts on May 01, 2026 in Palm Beach, Florida. Trump is the keynote speaker for the Forum Club of the Palm Beaches annual event, headlining the group’s 50th Anniversary Dinner. (Photo by Roberto Schmidt/Getty Images)
President Donald Trump speaks during an event at the Raymond F Kravis Center for the Performing Arts on May 01, 2026 in Palm Beach, Florida (Roberto Schmidt/Getty Images)

Meanwhile, Comey’s indictment has drawn scrutiny, including from Republicans.

Republican Senator Thom Tillis said on CNN’s 'State of the Union,' “If this whole case is based on a picture in the sand of a North Carolina beach, it again makes no sense to me.”



“I can't find any evidence where 86 is used as a call for violence,” Tillis claimed.

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