Thom Tillis Says Comey Indictment Over Instagram Seashells “86 47” Makes No Sense

A federal grand jury indictment of former FBI Director James Comey has centered on an Instagram post showing seashells arranged to form the numbers “86 47,” a case that Republican Sen. Thom Tillis of North Carolina said “makes no sense” if it is grounded only in that imagery.

“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”

MEAWW News

Tillis made the remarks on CNN’s “State of the Union” with Jake Tapper on Sunday, May 3, 2026, arguing that “If this whole case is based on a picture in the sand of a North Carolina beach, it again makes no sense to me.”

MEAWW News

The indictment was filed by a federal grand jury in the Eastern District of North Carolina, and Newsweek said Comey was indicted “last week” over the 2025 Instagram post.

The Hill reported that the indictment was for allegedly threatening Trump, the 47th president, and that the “lone piece of evidence cited is a photo” of seashells forming “86 47.”

NBC News reported that Acting Attorney General Todd Blanche said the indictment goes beyond the Instagram post, describing it as “about a body of evidence” collected over “about 11 months.”

Comey has denied wrongdoing and vowed to fight the charges, and POLITICO reported that he deleted the photo the same day he posted it after blowback, writing, “It never occurred to me but I oppose violence of any kind so I took the post down.”

The dispute over the numbers “86 47” has been portrayed through competing interpretations of what “86” means and how a “reasonable person” would read the post.

MEAWW News said prosecutors identified the central evidence as a photograph posted by Comey on Instagram last year showing seashells arranged to form “86-47,” and it quoted Tillis saying, “If this whole case is based on a picture in the sand of a North Carolina beach, it again makes no sense to me.”

NBC News

Newsweek reported that prosecutors argue “a reasonable person familiar with the circumstances would interpret the post as a serious expression of intent to harm Trump, the 47th president,” while also quoting Trump’s Truth Social claim that “86' is a mob term for 'kill him.'”

In the same Newsweek account, Trump wrote: “86 47 means 'kill President Trump.' James Comey, who is a Dirty Cop, one of the worst, knows this full well! EIGHT MILES OUT, SIX FEET DOWN! Didn't he also lie to the FBI about this??? I think so!”

Tillis pushed back on that reading by pointing to restaurant slang, telling CNN’s “State of the Union” that “I used to work in the restaurant industry, and I think ’86’ actually has its roots as a cook.”

The Hill added that “86” in restaurant slang means “to throw out,” “to get rid of,” or “to refuse service to,” and it said Merriam-Webster describes it as coming from 1930s soda-counter slang.

Acting Attorney General Todd Blanche has defended the prosecution by insisting it is not limited to the Instagram image and by describing the evidence as spanning roughly 11 months.

“A senior Republican senator on Sunday sharply criticized the Department of Justice's (DOJ) prosecution of former FBI Director James Comey, breaking with the Trump administration and raising fresh questions about whether the case amounts to political retaliation”

Newsweek

On NBC News’ “Meet the Press,” Blanche said, “This is not just about a single Instagram post,” and he added, “This is about a body of evidence that [prosecutors] collected over the series of about 11 months.”

He told Kristen Welker that he was “not ‘permitted’ to share the other evidence against Comey,” but said, “At the trial — a public trial that will be open to the public — everybody in this country will know exactly what evidence the government has against Mr. Comey.”

Newsweek reported that Blanche rejected the notion Comey was charged solely because of the Instagram image, saying, “Rest assured that it’s not just the Instagram post that leads somebody to get indicted,” and it quoted him: “This is about a body of evidence that the grand jury collected.”

In the same NBC News account, Blanche said the Justice Department has “evidence of all sorts” and that “That’s posted constantly,” referring to the phrase “86 47” appearing frequently online.

POLITICO reported Blanche’s framing that the DOJ is prepared to prove intent beyond a reasonable doubt, quoting him: “You prove intent with witnesses, you prove intent with documents, with materials.”

Democratic criticism of the prosecution has focused on the evidentiary strength and on the idea that the case is distinguishable mainly because Comey is a political opponent of President Donald Trump.

Washington Examiner quoted Sen. Adam Schiff (D-CA) saying, “I was a prosecutor for almost six years; I never saw such a weak case,” and it reported Schiff’s line that future DOJ efforts would be “called ‘seashells cases.'”

The Hill

NBC News likewise quoted Schiff criticizing Blanche’s defense, saying, “The only facts that distinguish this case from those people buying things on Amazon or posting things on Amazon is not any particular facts that are not visible to public.”

NBC News continued with Schiff’s argument that “It’s the fact that James Comey is a political opponent of the president’s,” and it added that Schiff said, “It’s the fact the president has called upon him for prosecution.”

Schiff also attacked the DOJ’s priorities, saying, “The fact that we’re spending time on a seashells case and the top leadership of the Justice Department is so focused on it means they’re not focused on violent crime cases.”

In the same NBC News interview, Schiff said, “They’re not focused on rape cases and child trafficking,” and he concluded, “Their focus is, you know, on James Comey and seashells, and it’s the American public that suffers.”

The next steps in the case, as described by the reporting, include further court proceedings and the public testing of intent and evidence.

Newsweek said Comey “appeared in court on Wednesday,” and it described the indictment as filed by a federal grand jury in the Eastern District of North Carolina, with prosecutors arguing the post constituted a threat against Trump.

Washington Examiner

NBC News reported that Comey was indicted last week and that he was indicted “on charges alleging he threatened the life of the president after he posted a photo on Instagram of seashells forming the numbers “86 47.””

It also said the acting attorney general told Welker that “At the trial — a public trial that will be open to the public — everybody in this country will know exactly what evidence the government has against Mr. Comey.”

POLITICO added that Comey faces charges for threatening to kill or injure Trump and transmitting the threat in interstate commerce, and it said the DOJ is prepared to prove intent beyond a reasonable doubt.

Beyond the Comey case, Newsweek described Tillis’ clash over a DOJ investigation into Federal Reserve Chair Jerome Powell and his use of leverage on the Senate Banking Committee to block consideration of Trump’s nominee until the DOJ dropped the probe.