The Great Seashell Threat: a Former Montana Supreme Court Justice on the Comey Indictment

Of all the really stupid prosecutions Trump and his Department of Justice have pursued since he became the despot in chief, the charges against former FBI Director James Comey, are the most ridiculous.

On Tuesday, April 28, Comey was indicted over a photo of seashells on the shore, officials said threatened President Donald Trump. The indictment was handed down by a grand jury in the Eastern District of North Carolina where Comey allegedly took the photo and made the threat by posting it on the internet, in interstate commerce.[i]

According to a Department of Justice press release:

“The Indictment includes two counts, first in violation of 18 U.S.C. § 871, alleging that James Comey, 65, knowingly and willfully made a threat to take the life of, and to inflict bodily harm upon the President of the United States. This charge alleges that on May 15, 2025, by publicly posting an image over the internet via Instagram depicting “86 47”, which 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.[ii]”

The photo of “86 47” was arranged in the beach sand out of rocks and sea shells.

According to Merriam-Webster the term “86” dates back to the 1930s and referred to an item at a soda counter being sold out. Over the years, the term broadened beyond the soda counter and is used commonly across the hospitality industry when an item is sold out or to refuse service to someone who is too drunk. It’s also informally used to mean “cancel” or “get rid of.”

Merriam-Webster has added a disclaimer: “Among the most recent senses adopted is a logical extension of the previous ones, with the meaning of ‘to kill.’ We do not enter this sense, due to its relative recency and sparseness of use”.[iii]

“47,” of course, refers to Trump, the 47^th President of this Great Nation.

This indictment and prosecution are completely asinine for at least a couple of reasons.

First, Comey, apparently, and a boatload of other ordinary folks have taken up the “86 47” quote to register their displeasure, if not utter contempt, for Trump and his administration, along with their desire to get rid of him as soon as the next Presidential election comes around.  If you don’t believe that, do a Google search of “86 47” T shirts or baseball caps, and you’ll find a dozen or more, in various fetching styles and colors to choose from right out of the box—all with this, now, prosecutable logo.

Apparently, some homicidally oriented people in America still believe that one has a First Amendment Constitutional right to criticize elected public officials for corruption and incompetence and to urge their ouster in the press, on signs, on T shirts and caps and, yes, on the shore with seashells—possibly right next to the big heart that proclaims “Melania loves Donald” or, more likely, “Donald loves Himself,” whichever floats your boat.

If burning the flag or one’s bra is considered free expression—as both are—surely writing “86 47” in seashells on the seashore is no less free speech.

God only knows, now Trump’s Department of Injustice may be coming for all of us. Acting Attorney General Todd Blanche says that won’t happen.  But now the DOJ gets to define when a form of speech is free for some and when it isn’t for others? Blanche’s reassurance is a nonstarter; more likely a statement of the triumph of hope over experience.

Second, if these cultists in Washington D.C. would ever get out of their partisan ivory towers of Trump worship, they’d learn that many bars, taverns and saloons maintain an “86” list of people who would not be permitted on the bar’s premises because of prior drunkenness or other bad behavior.  Indeed, if there is any truth to media reports, some of Trump’s cabinet members might just qualify for an “86” list.[iv]

In modern parlance, “86” means to deny entry or to get rid of. If the bar has a customer that is habitually drunk, gropes female patrons, refuses to pay his bar tabs, bullies and picks fights with gay or disabled customers, and only tips the waitresses by telling them to wear shorter skirts, see-through blouses, and no underwear, then bar management “86s” him—i.e., prohibits him from coming on the premises or throws him out in the gutter.  Nobody kills anybody for being on an “86” list; even in North Carolina, that would be a homicide.

Incidentally, it might be interesting to know how many North Carolina saloons maintain an “86” list.

Let’s face it, here’s what Comey’s prosecution is really all about. Four considerations underlie every decision Trump makes:

(1) Will it make me look good?

(2) Will I make money doing it?

(3) Will it make me more powerful?

(4) And here’s the big one, Can I punish my enemies for doing it?

Comey is Trump’s enemy for at least two reasons: Comey refused to pledge personal loyalty to Trump and drop an investigation of National Security Adviser Michael Flynn in 2017; Trump fired Comey for that and appointed Mueller.  Following his firing, Comey criticized Trump publicly, compared him to a mob boss and argued that a second Trump term would endanger the Country. So, now this, the “86 47” seashell indictment.  These silly charges are little more than part of a broader campaign by Trump and his cronies to target former officials who have investigated him.[v]

Trump is a loser, a thin-skinned bully.  And, as with all losers and bullies, his enemies, including those who slight him in the least, those who don’t kiss his ring, those who don’t bow and cower before his awesome presence, and those who don’t pledge him their personal fealty, they get punished, sued and prosecuted.  That’s what Comey’s indictment is all about.

And, as the tide washed away Comey’s seashells, leaving nothing but vacant sand—a non-threat, I predict a reasonable jury or some federal judge will 86 47’s prosecution.

Notes.

[i] https://www.cnn.com/2026/04/28/politics/justice-department-indicts-ex-fbi-director-james-comey-again

[ii] https://www.justice.gov/opa/pr/federal-grand-jury-indicts-former-fbi-director-james-comey-threats-harm-president-trump

[iii] https://www.nbcwashington.com/news/national-international/what-does-86-47-mean-seashell-numbers-comey-indictment-explained/4098022/

[iv] https://www.msn.com/en-us/news/insight/trump-aides-face-scrutiny-over-alleged-drinking-culture/gm-GM61DFCC96?gemSnapshotKey=GM61DFCC96-snapshot-1&ocid=U452DHP

[v] https://www.theguardian.com/us-news/2025/sep/25/james-comey-trump-enemies#:~:text=Donald%20Trump’s%20long%20public%20campaign,presidential%20election%20and%20related%20matters%E2%80%9D.

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