The case turns on whether James Comey understood a mob phrase when he posted “86 47” on Instagram, and recent interviews and internal records give both sides pieces they say prove their theories.
Federal investigators interviewed Salvatore “Sammy the Bull” Gravano to ask whether former FBI Director James Comey knew the violent meaning of “86” when he posted it next to “47” on Instagram. Gravano told an FBI agent on May 8, 2026, that Comey “had to know” the term’s meaning “as it related to killing someone,” and a later recorded interview ran about 25 minutes. Gravano described “86” as generally meaning to “get rid of” and, in his world as a “gangster,” to mean “to kill.”
Those comments appear in a sworn affidavit filed by Comey’s lawyer, Patrick Fitzgerald, who used the interview to push motions to dismiss. The defense points out that, while Gravano said the phrase could be read as “let’s kill Trump,” he did not say Comey personally threatened to kill the president, a legal distinction that matters under the statute. Gravano also told agents he did not recall ever discussing the term with Comey, a fact the defense highlights given their shared history.
Comey and Gravano crossed paths in the 1990s during the United States v. John Gambino prosecution, where Gravano cooperated and Comey served as a lead prosecutor. The government’s case relies partly on the idea that Comey’s prosecutorial experience exposed him to mob slang like “86,” but the FBI’s search of Gambino case files reportedly found no references to the term. That lack of documentary corroboration feeds the defense argument that the prosecution’s link is speculative.
Prosecutors charged Comey with two federal counts: threatening the life of the president and transmitting a threat in interstate commerce, based on a May 2025 Instagram photo of seashells arranged to read “86 47.” Comey deleted the post soon after and has consistently denied violent intent, saying he removed it because he did not want “any part of any violence.” The timeline and surrounding messages are what prosecutors say show intent.
Prosecutors point to a text Comey received from his wife two minutes before he posted that reportedly defined “86,” and to a message he sent to his publishing agent afterward in which he said he would be “OK if it sells books.” They also flagged Comey’s novel, published around the same time, in which an antagonist persuades followers to kill rivals using coded messages online. Those elements form a circumstantial thread prosecutors say proves state of mind.
The defense counters with the Gravano interview, the absence of “86” in the Gambino files, and Secret Service doubts about warrantless surveillance as signs the case was built on pressure rather than a clear threat. Court filings reveal mid-level Secret Service staff questioned whether accessing Comey’s location without a warrant was justified, arguing they did not believe anyone’s life was in danger. Despite those objections, a top DOJ official ordered surveillance, and agents accessed Comey’s location data and followed his vehicle on May 16, 2025.
Comey addressed the seashell image in a May 2025 interview with Nicolle Wallace and framed the post as someone else’s creative work he found appealing. “I actually didn’t think of it as political speech by me, but I thought, ‘What a clever way to express a political view.’ The shells were the same color for each of the letters…. It took a lot of work.” He added that he did not believe the creator had any dark intention, “and it certainly was no dark intention on my part or my spouse’s part.”
The prosecution pushed back in more than 100 pages of filings, insisting the indictment was the result of a routine, independent investigation. Acting Attorney General Todd Blanche said at the announcement, “Threatening the life of the president of the United States will never be tolerated by the Department of Justice.” Blanche and other officials insisted no one “ordered, directed, or pressured” the office to bring the charges.
Still, the case arrives amid questions about DOJ independence and personnel changes in the bureau. The original prosecutor on the current case stepped down, an assistant U.S. attorney took over, and this is Comey’s second federal indictment after an earlier case was tossed when a judge found the prosecutor had been illegally appointed. FBI Director Kash Patel has disciplined officials and declassified records have highlighted past conduct, a backdrop critics cite when raising concerns about motives.
Intent is the legal battleground. Blanche acknowledged the challenge when he explained, “How do you prove intent in any case? You prove intent with witnesses, with documents, with the defendant himself to the extent it’s appropriate. And that’s how we’ll prove intent in this case.” Both sides now point to bits of evidence that could tip a jury: Gravano’s claim that Comey “had to know” versus Gravano’s failure to remember any conversation with Comey about the term, and the FBI’s lack of the term in the trial record.
Comey is set for arraignment on September 30, with a tentative trial date of October 21, and he has kept insisting on his innocence. “I’m still innocent. I’m still not afraid. And I still believe in the independent federal judiciary, so let’s go,” he said after the indictment was announced. For a former director who once prosecuted mobsters, the outcome may hinge on whether jurors accept that a seashell arrangement was a coded threat or an ill-judged political image.
“I actually didn’t think of it as political speech by me, but I thought, ‘What a clever way to express a political view.’ The shells were the same color for each of the letters…. It took a lot of work.”
