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

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

“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.

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.”

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.