Hey, check it out – 18 U.S. Code § 871 – “Threats against President and successors to the Presidency.” This states:

Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined under this title or imprisoned not more than five years, or both.

This was written before the internet, but I’m willing to bet that any message sent through the interwebz is a “missive.” So, when a former FBI Director, James Comey, posts a photo with a thinly veiled threat against the 47th President, Donald Trump, isn’t he arguably in violation of 18 U.S. Code § 871? That draws a possible sentence of five years in the hoosegow, along with 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’s hard to see this as anything but a statement of advocacy for rubbing out a sitting President of the United States. That’s serious stuff. The Secret Service should be sitting down, right now, to have a little chat with Mr. Comey, and the Department of Justice should be looking into asking for an indictment under 18 U.S. Code § 871. Several people have, in recent decades, received visits from the Secret Service, some of whom made much more direct threats, but no charges were filed. The last person to be convicted under this statute was one William Thomas Reid, a Nazi sympathizer, who in 1943 told 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.