Former FBI director and Trump foe James Comey indicted – again

Washington DC - Former FBI director James Comey has been indicted again, media reported Tuesday, five months after a previous case against the outspoken critic of President Donald Trump was thrown out.

James Comey has been indicted again – reportedly over his "86 47" social media post from last year.   © Brendan Smialowski / AFP

The New York Times said the indictment stems from a social media post by Comey but did not specify the exact charge.

Comey made a now-deleted post on Instagram last year that showed the numbers "86 47" spelled out in seashells.

Trump alleged in an interview with Fox News at the time that "86" was slang for kill, and the "47" was a reference to his being the 47th president.

"He knew exactly what that meant," Trump said. "That meant assassination, and it says it loud and clear."

Comey said on Instagram that he posted "a picture of some shells I saw today on a beach walk, which I assumed were a political message."

"I didn't realize some folks associate those numbers with violence. It never occurred to me but I oppose violence of any kind so I took the post down," he said.

Comey (65) was charged in September with making false statements to Congress and obstructing a congressional proceeding in what was widely seen as retribution by the Republican president against a political opponent.

A federal judge threw out the case in November on the grounds that the US attorney handpicked by Trump, who brought the charges, was unlawfully appointed.

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James Comey faces political retribution from Trump administration

The first indictment against James Comey was tossed by a judge last November.   © Alex Edelman / AFP

The Comey indictment came after the interim US attorney for the Eastern District of Virginia, Erik Siebert, stepped down after reportedly telling Justice Department leaders there was insufficient evidence to charge him.

Comey was appointed to head the FBI by President Barack Obama in 2013 and was fired by Trump in 2017 amid a probe into whether any members of the Trump presidential campaign had colluded with Moscow to sway the 2016 election.

The September charges against Comey came just days after Trump urged then attorney general Pam Bondi to take action against the former FBI director and others he sees as enemies – a stunning departure from the principle that the Justice Department must be free from White House pressure.

Since taking office, Trump has taken a number of punitive measures against perceived enemies, purging government officials he deemed to be disloyal, targeting law firms involved in past cases against him, and pulling federal funding from universities.