Hey, check it out – 18 U.S. Code § 871 – “Threats against President and successors to the Presidency.” This states:
Anyone who knowingly and intentionally places in the mail, or delivers from any post office or via any letter carrier, a letter, document, paper, writing, print, or missive that contains threats to harm, kidnap, or kill the President of the United States, the President-elect, the Vice President, or any officer designated next in succession to the Presidency, or the Vice President-elect, or knowingly and intentionally makes any such threats in any other way, shall face fines as prescribed in this title or imprisonment for up to five years, or both.
This law predates the internet, but it seems likely that any message transmitted online qualifies as a “missive.” So if a former FBI Director, James Comey, shares a photo hinting at a threat against the 47th President, Donald Trump, isn’t that arguably a breach of 18 U.S. Code § 871? This offense could lead to up to five years in prison and fines.
Why ask? Because that’s what Comey has done.
BREAKING: Former FBI Director James Comey just posted on Instagram a picture that says: “86 47”
What does Comey mean by “get rid of” the 47th President of the United States, Donald Trump? pic.twitter.com/SDzf92BmnI
— Steve Guest (@SteveGuest) May 15, 2025
To “86” something means, in common vernacular, to “get rid of it.” Don’t take my word for it; take Merriam-Webster’s.
It seems hard to interpret this as anything other than an implicit endorsement of causing harm to a sitting President of the United States, which is a grave matter. The Secret Service should consult with Mr. Comey right away, and the Department of Justice ought to consider pursuing charges under 18 U.S. Code § 871. There have been numerous instances in recent decades where individuals made more blatant threats and received visits from the Secret Service, yet no charges ensued. The most recent conviction under this statute was of William Thomas Reid, a Nazi sympathizer, who in 1943 made a threatening statement to a colleague:
President Roosevelt is one guy I hate. If I had the money, I would go to Washington and kill the president and if he ever comes south I will.
He was convicted and sentenced to 18 months in prison.
Comey’s intent may have been more aligned with selling his book than being threatening; one sharp-eyed X user noted the other content on Comey’s Instagram pages.
He’s trying to bait people into visiting his instagram page (“this can’t be real right??”) where he’s advertising his book. pic.twitter.com/0xyKec9TXk
— Barnabas (@barnabasdotexe) May 15, 2025
That may well be. But this is a posting that is, at the very best, irresponsible.
