A recent federal indictment against former FBI Director James Comey has emerged as a significant legal case, primarily centered on the interpretation of the slang term “86.” The Department of Justice’s assertion that this term suggests a threat of physical harm contrasts sharply with its common meanings, which often refer to discarding or rejecting something.
Legal analysts have indicated that this ambiguity presents considerable challenges for the DOJ in securing a conviction. The controversy began in May 2025 when, during a leisurely beach walk in North Carolina, Comey posted an image on Instagram featuring seashells arranged to spell “86 47,” a reference to Donald Trump as the 47th president.
The indictment, made public on April 28, alleges that Comey “knowingly and willfully” made a threat against the President, claiming that a reasonable observer could interpret the post as an expression of intent to inflict harm. The charges consist of threatening the president and transmitting a threat across state lines, with a potential maximum penalty of 10 years in prison.
Reacting to the indictment, Acting Attorney General Todd Blanche emphasized the seriousness with which the DOJ treats threats against the president. However, critics of the indictment, including legal experts, argue that the interpretation of “86” as a violent threat lacks specificity.
Notably, linguistics experts highlight that while “eighty-six” has evolved to include meanings associated with abandoning or removing, its association with violence is relatively rare. Jesse Sheidlower, an expert in U.S. slang, has pointed out that the term historically refers to situations like a depleted supply or having to refuse service rather than implying any intent to harm.
In a subsequent media interview, Comey maintained that he had no malicious intent in posting the image, expressing that he viewed it as a light-hearted political commentary. He stated, “I didn’t realize some folks associate those numbers with violence,” highlighting his opposition to any form of violence.
This case against Comey is not his first encounter with the judicial system. In September 2025, he was indicted on separate charges involving a false statement made to Congress, although those charges were dismissed by a federal judge due to questions regarding the prosecutor’s appointment.
Amid increasing scrutiny and intense media coverage, Comey remains defiant, asserting his innocence and commitment to uphold the principles of justice. As this situation unfolds, the legal community will be closely watching the implications of language interpretation within the realm of criminal law.
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