Former Fox News analyst Andrew Napolitano shared his prediction on Wednesday regarding the indictment of former FBI director James Comey, who was accused of threatening the life of President Donald Trump by posting a photo of seashells forming the numbers “86 47.”
Napolitano's Analysis on Newsmax
Napolitano discussed the matter on Newsmax with “Wake Up America” co-hosts Sharla McBride and Marc Lotter. He argued that Comey does not need to worry about the “relatively conservative jury base” of the Eastern District of North Carolina, where he was indicted.
“I don’t think this case will ever see a jury,” Napolitano explained. “There’s no crime here under several Supreme Court opinions, one of which says if there’s a passage of time between the alleged threat and any harm caused, that dissipates the threat.”
The libertarian commentator continued, “And it also gives the person threatened the opportunity to challenge it, state it differently. If this were a real threat to the president of the United States, Comey would have been charged a year and a half ago.” Comey posted the photo in May 2025.
Details of the Indictment
The Justice Department, under acting Attorney General Todd Blanche, indicted Comey on Tuesday, accusing him of threatening Trump’s life last year with the seashell photo and transmitting that threat across state lines by sharing it on social media.
The former FBI director addressed the indictment in a video on Tuesday and stated he is “still innocent” and “still not afraid.” Napolitano suggested he has little reason to be afraid, not solely because of the Supreme Court opinions.
Free Speech Defense
“But the more important legal principle is free speech,” Napolitano said. “If there is any non-criminal interpretation of the speech that trumps — no pun intended, lowercase T — that trumps the criminal aspect. So, are there other meanings to ’86 47’ besides ‘I want to kill the president?’”
McBride argued that there are no other meanings, but Lotter, a former special assistant to Trump, pushed back. He explained that the term is “also used in diners to cancel an order.” The Merriam-Webster dictionary has long noted this usage.
“Right,” said Napolitano. “‘86’ could mean ‘cancel the presidency.’ As long as there is a non-criminal interpretation of this, it’s protected speech. I think the case is frivolous. I’m not a fan of Comey’s, at all, and I’ve never hesitated to criticize him.”
He added, “But this is a political vendetta against a political adversary and it shouldn’t be using the Justice Department as a means for that.”
Comey's Response and Napolitano's Bold Prediction
Comey argued as much himself in Tuesday’s video, stating, “This is not how the Department of Justice is supposed to be.” He notably deleted the “86 47” photo from Instagram after it attracted controversy last year and said at the time, “I oppose violence of any kind.”
Napolitano closed with an arguably even bolder prediction about the case. “I think Comey’s people will move to dismiss it, that it’s protected speech, and I think that motion will be granted,” he said, adding: “This is so frivolous that Comey may actually end up getting his legal fees reimbursed by the government.”
