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Acting Attorney General Todd Blanche insisted Sunday that the indictment against former FBI Director James Comey rests on more than just an "8647" Instagram picture, saying new evidence would come to light in court to support the government's claim that Comey's post amounted to a criminal threat against the president.
Blanche provided the remarks during a "Meet the Press" interview as he was grilled about the credibility of the high-profile case and whether it was politically motivated. The charges hinge on whether prosecutors can prove the former FBI director's intent, a key legal threshold. Blanche signaled the Department of Justice will present broader evidence in court to support the charge while rejecting claims the prosecution was driven by President Donald Trump's past clashes with Comey.
"You prove intent like you always prove intent," Blanche said. "You prove intent with witnesses. You prove intent with documents, with materials. ... This is not just about a single Instagram post. This is about a body of evidence that the grand jury collected over the series of about 11 months."
The term "86" is understood as slang to get rid of someone or something, rooted in restaurant usage for an unavailable item or refused customer. Prosecutors allege that, paired with "47" - a reference to Trump as the 47th president - Comey's post amounted to a threat.
HOW JAMES COMEY'S INDICTMENT COULD GO SOUTH FOR THE DOJ
Blanche noted that threatening the president was a common criminal charge. But he said the DOJ does not prosecute everyday mentions of "8647," such as paraphernalia featuring the numbers being sold on Amazon, and that other factors were in play in Comey's case.
"Rest assured that the career assistant United States attorneys in North Carolina, the career FBI agents, the career Secret Service agents that investigated this case didn't just look at the Instagram post and walk away.... So I am not permitted to get into the details of what the grand jury heard or found," Blanche said. "But rest assured that it's not just the Instagram post that leads somebody to get indicted."
The DOJ brought two charges against Comey in federal court in North Carolina last week alleging an Instagram post he made last year of seashells on the beach amounted to a threat to harm or kill Trump.
The post prompted an outcry from social media users, who accused Comey of threatening Trump, his longtime political nemesis, leading Comey to immediately delete the image and issue an apology. Comey said at the time he did not realize the number "86" was associated with violence.
FORMER FBI DIRECTOR JAMES COMEY MEETS WITH SECRET SERVICE AFTER CONTROVERSIAL '86 47' POST
Then-Department of Homeland Security Secretary Kristi Noem responded by announcing that U.S. Secret Service would investigate the post, and Comey voluntarily met with federal agents at the time for an interview, though no charges were brought.
The case marks the Justice Department's second recent prosecution of Comey, after a separate indictment alleging he lied to Congress was tossed on procedural grounds. The DOJ is appealing that decision.
Blanche was also questioned over whether Comey was charged because Trump explicitly called for the DOJ to bring criminal charges against him and other political foes in a Truth Social post last fall, calling them "guilty as hell" and saying "JUSTICE MUST BE SERVED, NOW!!!"
"Do the American people think that nothing was done on those cases until President Trump posted that Truth in September?" Blanche asked. "No, these are ongoing investigations."
The latest indictment against Comey has faced widespread criticism as Democrats and some Republicans argue the charges present a free speech problem and do not rise to the "true threat" standard established by the Supreme Court. Comey's attorney said in court that he plans to ask the judge to toss out the charges because they were selective and vindictive. Still, the DOJ and Trump allies are standing firmly behind the charges as they warn critics to wait to hear evidence before jumping to conclusions.
Comey's arraignment is slated for May 11 in Greenville.
Fox News Digital reached out to the DOJ and Comey's lawyer for comment.
