Former FBI Director James Comey is expected to turn himself in today in the Eastern District of Virginia, according to sources familiar with the matter who spoke to ABC News.
The arrest warrant was issued by a grand jury in the Eastern District of North Carolina, though it remains unclear whether the Justice Department sought the warrant as part of the initial indictment.
The new charges stem from a controversial social media post Comey shared last year—one that President Donald Trump and members of his administration have claimed amounted to a threat against the president.
In a now-deleted Instagram post, Comey shared an image of seashells arranged to display the numbers “86 47,” alongside the caption: “Cool shell formation on my beach walk.”
The post quickly drew backlash from Trump allies, who pointed to the slang meaning of “86” as “to nix” or “get rid of,” arguing it could be interpreted as a veiled threat against Trump, the 47th president.
According to the three-page indictment, Comey faces one count of making threats against the president and successors, and one count of transmitting a threat in interstate commerce.
Prosecutors argue the post rises to the level of a criminal threat, writing that it constitutes a message that any “reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to the President of the United States.”
Legal experts note prosecutors may face a significant hurdle in court. The Supreme Court ruled in 2023 that proving a “true threat” requires demonstrating that the individual understood their statement would be perceived as threatening. The widespread use of the phrase “86 47” among critics of the Trump administration could complicate that argument and raise broader First Amendment questions.
The latest case comes after a separate indictment last year in which Comey was accused of lying to Congress and obstruction related to his 2020 testimony before the Senate Judiciary Committee. That case was ultimately dismissed after a judge found issues with the legitimacy of the prosecutor who brought the charges.
Acting Attorney General Todd Blanche pushed back on suggestions that the case was politically driven.
“Of course not, absolutely, positively not,” Blanche said on “CBS Mornings” when asked whether President Trump directed him to pursue charges against Comey. “This is something that has been investigated for nearly a year now, and the results of that investigation is that a grand jury returned an indictment.”
Comey is expected to appear in federal court following his surrender.
