IC Oversight & Authorities — 2026-05-03

Comey Prosecution Over Classified Information Post Sparks Bipartisan Pushback

A grand jury in the Eastern District of North Carolina indicted former FBI Director James Comey on charges that an Instagram post depicting seashells arranged as "86 47" constituted a threat to assassinate President Trump; the indictment is signed by AUSA Matthew Petracca and an arrest warrant was issued. Acting Attorney General Todd Blanche denied on CBS Mornings April 29 that Trump directed the prosecution, saying "absolutely, positively not." Blanche told The Hill on Sunday the case was "not just about" the Instagram post, citing nearly a year of investigation by career DOJ, FBI, and Secret Service personnel. When CBS News pressed him about conservative figures who had posted comparable imagery referencing former President Biden, he said "every investigation is different."

Analysis
The indictment very likely satisfies the September 2026 threshold, though an interpretive risk persists if the filed counts address congressional testimony rather than the Instagram post. Blanche's insistence across three outlets, The Hill, Washington Times, and CBS News, all drawing from the same official interviews, that the case extends beyond the post reads as pre-emption of a selective-prosecution problem. His refusal to explain why comparable Biden-era imagery drew no federal attention gives defense counsel a ready equal-protection hook that will likely dominate pre-trial litigation in the coming months. The prosecution may instead rest on undisclosed evidence, with the public posture driven by political management rather than evidentiary weakness.

3 sources

Comey prosecution not just about Instagram post: Blanche - The Hill
Comey indictment is 'not just about a single Instagram post,' acting attorney general says - Washington Times
Blanche denies that Trump directed Comey prosecution: "Absolutely, positively not" - CBS News