Definition of ‘86’ at the Heart of Comey Indictment

Prosecutors argue slang implied a threat against Donald Trump, while legal experts say ambiguity could undermine the case and raise First Amendment concerns

A federal indictment against former FBI Director James Comey hinges on the meaning of “86.” The Department of Justice said it indicates a threat of physical harm, while the more common dictionary definition is to throw out or get rid of something. 

Legal experts have said the ambiguity of the meaning will make this a difficult case for the DOJ.

In May 2025, while walking on the beach in North Carolina, Comey said he came across shells arranged to spell out “86 47” — Donald Trump is the 47th president — and he shared the image on Instagram.

According to the online Merriam-Webster dictionary, “eighty-six” is a slang term most commonly used to mean “to throw out,” “to get rid of,” or “to refuse service to.” More recently, though, and sparsely, Merriam-Webster says, it has also come to mean “to kill.” And that’s the definition the Department of Justice relies upon.

According to a two-page indictment announced on April 28, Comey “did knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States” by posting the image of the shells that “a 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.”

The indictment includes two charges: threatening the president and “transmitting a threat in interstate commerce” (via Instagram). Combined, the charges carry a maximum penalty of 10 years in prison.

“Threatening the life of the president of the United States will never be tolerated by the Department of Justice,” acting Attorney General Todd Blanche said at a press conference announcing the indictment.

“James Comey disgracefully encouraged a threat on President Trump’s life and posted it on Instagram for the world to see,” FBI Director Kash Patel said in a press release. In the press conference, Patel said the grand jury was presented with the fact that “shortly after posting that threat, he deleted that threat and then issued an apology.”