Seashells on a beach built the Comey case, and GOP Sen Tillis says 'it makes no sense'
WASHINGTON, DC: Republican Senator Thom Tillis on Sunday, May 3, expressed clear reservations about the federal prosecution of former FBI Director James Comey, questioning whether the case is grounded in credible evidence.
Appearing on CNN’s 'State of the Union' with Jake Tapper, Tillis pointed to what prosecutors have identified as the central piece of evidence: a photograph posted by Comey on Instagram last year showing seashells arranged to form the numbers “86-47.”
“If this whole case is based on a picture in the sand of a North Carolina beach, it again makes no sense to me,” Tillis said, signaling discomfort with the strength of the government’s argument.
Tapper: "Do you think posting 8647 is a crime?"
— The Bulwark (@BulwarkOnline) May 3, 2026
Sen. Thom Tillis: "No…It makes no sense to me…I used to work in the restaurant industry and I think 86 has its roots as a cook…I can't find any evidence where 86 is used as a call for violence." pic.twitter.com/45hFVq9sBW
The indictment, filed by a federal grand jury in the Eastern District of North Carolina, alleges that the post constituted a threat against Donald Trump. However, critics, including Tillis, have questioned whether the imagery alone can meet the legal threshold for a criminal threat.
Dispute over meaning of '86-47' at center of case
At the heart of the controversy is the interpretation of the numbers “86-47,” which prosecutors argue carried a threatening connotation directed at Trump, the 47th president.
Tillis said he was unable to find convincing evidence supporting that claim. “I can’t find any evidence… where ‘86’ is used as a call for violence,” he said, adding that much of the interpretation appears to have emerged only after public remarks by Trump referencing the post.
Comey, who led the FBI from 2013 until his dismissal by Trump in 2017, had originally captioned the image: “Cool shell formation on my beach walk.”
He later clarified that while he assumed the arrangement might carry a political message, he was unaware that some people associate the numbers with violence.
“It never occurred to me, but I oppose violence of any kind,” Comey said at the time, adding that he removed the post once concerns were raised.
James Comey denies charges as Thom Tillis warns against 'vindictive' prosecution
Following his indictment, Comey has strongly denied any wrongdoing and pledged to contest the charges in court. In a video posted online, he said, “I’m still innocent, I’m still not afraid, and I still believe in the independent federal judiciary, so let’s go.”
The case has placed Tillis in a nuanced position. While the North Carolina Republican reiterated his long-standing criticism of Comey, calling him a “political hack” and describing his earlier defense of the former FBI chief during the Russia investigation as the “biggest disappointment” of his Senate career, he stopped short of endorsing the prosecution.
“That alone, though, would not allow me to support what I think, on its face, is some sort of a vindictive prosecution,” Tillis said.
The legal proceedings are expected to draw significant attention as questions persist over the interpretation of speech, intent, and the evidentiary bar required to sustain such charges.