James Comey has posted two Instagram video statements responding to federal indictments brought against him under the second Trump administration. The first, in September 2025, followed charges that he lied to Congress; the second, in April 2026, followed charges that a beach photo of seashells amounted to a threat against the president. In both videos, the former FBI director declared himself innocent, said he was not afraid, and told viewers to hold onto the same resolve. One case has already been dismissed. The other is scheduled for trial in October 2026.
The First Video: “We Will Not Live on Our Knees”
Within hours of his September 25, 2025, indictment in the Eastern District of Virginia, Comey posted a video shot directly to camera. It circulated widely the same day.
“My family and I have known for years that there are costs for standing up to Donald Trump, but we couldn’t imagine ourselves living any other way,” he said. “We will not live on our knees and you shouldn’t either.”1NBC News. James Comey Responds to Indictment
He said he trusted the courts and wanted the case heard: “My heart is broken for the Department of Justice. I have great confidence in the federal judicial system and I am innocent, so let’s have a trial.” He also quoted his daughter Maurene Comey, a federal prosecutor who had been fired earlier that year: “Somebody that I love dearly recently said that fear is the tool of a tyrant and she is right. But I am not afraid, and I hope you are not either.”2ABC News. Former FBI Director James Comey Posts Video After Indictment
The video came after months of public pressure from President Trump on Attorney General Pam Bondi to prosecute political opponents, including Comey, New York Attorney General Letitia James, and Senator Adam Schiff. Trump described the effort as “just retribution.”3BBC. Trump Calls on AG Bondi to Investigate Opponents
What the First Indictment Charged
The September 2025 indictment brought two counts: making a false statement and obstruction of a congressional proceeding, together carrying up to five years in prison.4U.S. Department of Justice. Federal Grand Jury Indicts Former FBI Director
The charges rested on testimony Comey gave to the Senate Judiciary Committee on September 30, 2020. Senator Ted Cruz asked whether he had ever authorized anyone at the FBI to serve as an anonymous source for news reports on the Clinton or Trump investigations. Comey answered: “I stand by the testimony you summarized that I gave in May of 2017,” referencing an earlier denial to Senator Chuck Grassley.5ABC News. Federal Probe of James Comey Centers on 2020 Senate Testimony
Prosecutors argued this was false because Comey had authorized Daniel Richman, a Columbia Law School professor and special government employee at the FBI, to speak with the press about the Clinton email investigation. Richman was identified only as “Person 3” and was not charged.6CNN. False Statement Charge Against Comey Related to Clinton Emails7CBS News. New Court Filings in James Comey Case
The case was viewed as weak from the outset. The 2020 hearing had been conducted remotely with audio problems, Cruz’s question was described as ambiguous, and the grand jury had already rejected a proposed third charge. The defense argued the questioning at the hearing had been narrowed to focus on former Deputy FBI Director Andrew McCabe, not Richman.8Politico. James Comey Indictment Flaws
Why the First Case Was Dismissed
Comey pleaded not guilty on October 8, 2025, before Judge Michael Nachmanoff in Alexandria, Virginia.9ABC News. Comey Seeks Indictment Dismissed Due to Vindictive Prosecution10CNN. Trump DOJ Appointment Challenged in Comey Case11The New York Times. James Comey Lawyers Challenge Charges
On November 24, 2025, U.S. District Judge Cameron McGowan Currie dismissed the indictment. Because Halligan had personally presented the case to the grand jury and signed the indictment as the sole prosecutor, the judge ruled that “all actions flowing from Ms. Halligan’s defective appointment” were “unlawful exercises of executive power.” A parallel ruling dismissed charges against Letitia James.12CNN. James Comey and Letitia James Indictments Dismissed13NBC News. Judge Dismisses Cases Against James Comey and Letitia James
The dismissal was without prejudice, but Comey’s defense argued the five-year statute of limitations on the 2020 testimony had already expired. The Justice Department announced it would appeal to the Fourth Circuit, and that appeal remains pending.14PBS NewsHour. Judge Tosses James Comey and Letitia James Cases15National Law Journal. Halligan’s Exit Could Doom DOJ Appeals in Comey and James Cases
The government’s investigation was further weakened in December 2025, when Judge Colleen Kollar-Kotelly in Washington ruled that emails and text messages seized between Comey and Richman had been obtained with “callous disregard” for Richman’s constitutional rights, and ordered them returned.16Politico. Court Orders DOJ to Return Data Seized From Comey Friend17The New York Times. Judge Orders DOJ to Return Comey-Richman Files
The Second Video: “I’m Still Innocent”
Comey returned to the same format after his second indictment. On April 28, 2026, following charges filed in the Eastern District of North Carolina, he posted a short video statement.
“Well, they’re back, this time about a picture of seashells on a North Carolina beach a year ago,” he said. “And this won’t be the end of it. But nothing has changed with me. I’m still innocent. I’m still not afraid and I still believe in the independent federal judiciary. So let’s go.”18BBC. “I’m Still Innocent” – James Comey Responds to New Indictment
He added: “This is not who we are as a country, this is not how the Department of Justice is supposed to be.”19ABC News. Grand Jury Indicts Former FBI Director James Comey In a CNN interview the following month, Comey said he still speaks with current FBI employees about conditions inside the bureau.20CNN. James Comey Still Speaks to FBI Employees
The Seashell Photo Case
In May 2025, Comey had posted an Instagram photo showing seashells on a North Carolina beach arranged to spell “86 47.” Trump allies read the arrangement as a threat: “86” as slang for getting rid of something, “47” as the 47th president. Comey deleted the post and said it was a “silly picture of shells” meant as political expression, adding that he was unaware of any violent connotation associated with “86.”21The Washington Post. James Comey Trump 86 FBI22NBC News. James Comey Indicted Over Seashell Photo
Almost a year later, on April 28, 2026, a federal grand jury returned a two-count indictment charging Comey with threatening the life of the president under 18 U.S.C. § 871 and transmitting a threat in interstate commerce under 18 U.S.C. § 875(c). Each count carries a maximum of ten years in prison. The indictment alleged the post was a “serious expression of an intent to do harm” and that Comey “consciously disregarded a substantial risk that his communication would be viewed as threatening violence.”23U.S. Department of Justice. Federal Grand Jury Indicts Former FBI Director James Comey for Threats to Harm President Trump24NPR. James Comey Indictment
Comey’s attorney, Patrick Fitzgerald, has said the defense will argue the post was protected political speech, not a true threat, and will seek dismissal on grounds of “vindictive and selective” prosecution.25Freedom Forum. James Comey Indictment and the First Amendment The Supreme Court held in Watts v. United States (1969) that statutes criminalizing threats against the president must be read with the First Amendment “clearly in mind,” distinguishing “true threats” from “political hyperbole.”26Justia. Watts v. United States, 394 U.S. 705 A 2023 Supreme Court ruling also requires prosecutors to show the defendant subjectively understood the statement could be viewed as threatening.27PBS NewsHour. James Comey Indicted Over Social Media Post
Where the Case Stands
The case, United States v. Comey (4:26-cr-00016), is assigned to U.S. District Judge Louise Wood Flanagan. On May 26, 2026, Judge Flanagan granted a defense request to delay the trial, citing the “gravity of the charges” and ongoing discovery. Arraignment is now set for September 30, 2026, in New Bern, North Carolina, with trial to begin October 21, 2026. The court has barred the filing of amicus briefs.28CourtListener. United States v. Comey Docket
In late May 2026, the lead prosecutor, Assistant U.S. Attorney Matthew Petracca, was replaced by Assistant U.S. Attorney Timothy Severo. A Justice Department spokesperson attributed the change to “shifting civil and criminal dockets,” though reporting noted Petracca had dropped off other cases and had considered leaving the department. Former prosecutors and conservative legal experts have described the threat charges as weaker than the false-statements case that was dismissed.29The Guardian. Prosecutor Leaves James Comey Case30NBC News. Lead Federal Prosecutor in James Comey Seashells Photo Case Steps Aside