Perhaps emboldened by the failed assassination attempt on the president at the White House Correspondents’ Dinner last weekend, Acting Attorney General Todd Blanche and FBI Director Kash Patel gathered the press to demonstrate their resolve to prosecute anyone making threats against President Trump. Specifically, they announced the indictment of James Comey—yes, that James Comey, former FBI Director.

Per the indictment, James Comey,

“…knowingly and willfully made a threat to take the life of, and to inflict bodily harm upon the President of the United States. This charge alleges that on May 15, 2025, by publicly posting an image over the internet via Instagram depicting “86 47”, which a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to the President of the United States. [emphasis added]

The indictment goes on to claim,

“James Comey consciously disregarded a substantial risk that his communication would be viewed as threatening violence, and that he knowingly transmitted a communication in interstate commerce that contained a threat to injure the person of another, which a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to a person.

Whether you support the indictment of Comey or not, there is no denying that this is part of the fulfillment of the directive Trump issued to former U.S. Attorney Pam Bondi via Truth Social. Bondi failed with the original indictment when a judge tossed it. And it is likely Blanche will fail too. Here’s why:

1.      ‘86’ does not universally mean ‘to kill.’

Merriam-Webster defines ‘86’ as “throw someone out, get rid of them, or refuse them service. Dating back to the 1930s, some associate ‘86’ with diner jargon meaning an item is sold out. Anyone working in a restaurant today is familiar with the term in that context. The chef or manager tells the servers to “86 the special,” which means don’t offer it to customers because it is sold out.

Other origin stories and uses relate to the speakeasy culture of the 1930s. One unsubstantiated story says that during Prohibition, New York City police officers would give the owners of Chumley’s a heads-up prior to a raid. Chumley’s was at 86 Bedford Street, so the code word became ’86.’

Still, there is other evidence that the number became slang for refusing to serve a drunk patron. The bartender might ‘86’ a customer who was acting unruly, stumbling, or falling asleep at the bar.

Whatever the origin, it is easily arguable that not everyone interprets it the same way.

2.      Prominent Supporters of the President Used ‘86.’

During the Biden Administration, right-wing influencer Jack Posobiec used the phrase ’86 46’ referring to President Biden in 2022. He later put the phrase on merchandise.

Disgraced former Congressman Matt Gaetz used the term ‘86’d’ referring to then-Majority Leader Mitch McConnell stepping down, claiming that it would be beneficial to the Republican Party.

Across the Internet and on retail sites like Etsy, t-shirts, hats, and many other kinds of merch could be found donned with the phrase ’86 46,’ referencing support for impeachment or defeat of Biden, not the assassination of him.

3.      ’86 47’ doesn’t rise to the level of other prosecuted threats

When asked in the press conference to defend the indictment, Todd Blanche noted that the DOJ has prosecuted dozens of people recently who threatened the president. He intimated that this indictment was similar to those.

In April of 2025, a Pennsylvania man was indicted by the DOJ. The man, whose YouTube handle was “Mr. Satan,” made multiple incendiary comments over several weeks. He said he had been purchasing guns, ammo, and body armor since Trump’s election. In a later comment, he said, “Nah, we just need to start killing people, Trump, Elon, all the heads of agencies Trump appointed, and anyone who stands in the way. Remember, we are the majority, MAGA is a minority of the country, and by the time its time to make the move, they will be weakened, many will be crushed by these policies, and they will want revenge too. American Revolution 2.0”

In August of 2025, an Indiana woman was indicted after again making multiple threats on Instagram over a period of time. One threat said, “I am willing to sacrificially kill this POTUS by disemboweling him and cutting out his trachea with Liz Cheney and all the Affirmation present.”

Then, in March of this year, a Florida man was indicted for making threats against the president and multiple federal agencies. When agents arrived to arrest him, he said he had been expecting them because he had been making threats by email and phone for more than a year.

Strange things have happened in a court of law, but it is difficult to see how Comey will ultimately be convicted. What is certain is that Comey’s time, money, and reputation are at stake, and taxpayer resources are being wasted so Trump can settle a score.