Former FBI Director James Comey indicted again in Justice Department probe

James Comey Indicted for a 2nd Time by the DOJ

Former FBI Director James Comey has been indicted by the Department of Justice for a second time, per Fox News Correspondent David Spunt. 

WASHINGTON - Former FBI Director James Comey was indicted on Tuesday in an investigation over a social media photo of seashells arranged on a beach that officials said constituted a threat against President Donald Trump, according to a person familiar with the matter.

The person was not authorized to publicly discuss the matter and confirmed the indictment to The Associated Press on the condition of anonymity. 

The charge or charges against Comey were not immediately known.

James Comey indicted again

The backstory:

Comey previously said he believed the shell arrangement—spelling out "86 47"— was intended as a political statement rather than a call for violence.

Last year, Comey was questioned by the Secret Service after Trump administration officials claimed the post encouraged violence against the president. Comey later deleted the image, stating, "I didn't realize some folks associate those numbers with violence" and "I oppose violence of any kind so I took the post down."

According to Merriam-Webster, "86" is commonly used as slang meaning "to get rid of" or "to refuse service." While it can also be interpreted as "to kill," the dictionary notes that this meaning is relatively recent and not widely established.

His lawyer did not immediately respond to a request seeking comment Tuesday.

American lawyer and former FBI Director James Comey testifies before the Senate Intelligence Committee, Washington DC, June 8, 2017. (Credit: Mark Reinstein/Corbis via Getty Images)

What they're saying:

In an interview on Fox News, Trump said Comey was fully aware of the implication.

"A child knows what that meant," Trump said. "If you’re the FBI director, and you don’t know what that meant, that meant assassination. And it says it loud and clear."

Big picture view:

This marks the second criminal case the Justice Department has pursued against Comey. 

EARLIER: James Comey calls Secret Service probe over beach photo ‘a distraction’

 The Justice Department’s decision to bring a new case against the former FBI director – months after a separate, unrelated indictment was dismissed – may lead defense attorneys to argue that the Trump administration is disproportionately focusing on Comey. Comey had previously overseen the early stages of an investigation into whether President Donald Trump’s 2016 campaign coordinated with Russia to influence the election’s outcome.

The former FBI director was indicted in September on charges that he lied to and obstructed Congress related to testimony he gave in 2020 about whether he had authorized inside information about an investigation to be provided to a journalist. He denied any wrongdoing, and the case was subsequently dismissed after a judge concluded that the prosecutor who brought the indictment was illegally appointed.

Comey was the FBI director when Trump took office in 2017, having been appointed by then-President Barack Obama, a Democrat, and serving before that as a senior Justice Department official in President George W. Bush’s Republican administration.