Popular podcast host Joe Rogan ripped into the Trump Administration over the indictment of former FBI Director James Comey this week, calling it “nuts” and “silly”, while noting that it “sets a crazy precedent” for Freedom of Speech.
Comey has been charged by a federal grand jury in the Eastern District of North Carolina with two counts alleging threats against President Donald Trump related to a 2025 post on Instagram showing a photo of seashells that displayed “86 47,” which was argued could be interpreted as a threat to harm, “get rid of”, or “kill” (aka “86”) the 47th president, depending on who you ask.
Comey, a longtime Trump critic, has denied any violent intent, calling it “crazy” to interpret the post as a threat and saying he plans to contest the charges in court.
Newsweek reached out to the White House via email on Friday night for comment.
Why It Matters
The indictments come amid heightened scrutiny of Trump’s Justice Department and revive questions about political retribution that were central to Trump’s 2024 campaign and early second term.
The case also placed a high-profile clash over First Amendment questions, and alleged threats at the center of national politics, testing how courts interpret online posts referencing a sitting president.
During the 2024 presidential campaign, Trump joined Rogan on his podcast. Rogan threw his support behind the president on the eve of the election.
What To Know
On his show, Rogan referenced the indictment, saying, “This is a crazy thing to arrest someone for.”
“The problem with these guys is it sets a crazy precedent,” Rogan continued. “It’s nuts, like you’re going after someone for something that’s just silly. ’86 47′ is get rid of 47…But it’s just like arresting a guy for that is nuts.
“I mean, it’s one thing, like if you have like a photo of him, like an AI, you post AI photo of him dead, you know, with bullet holes in him like ‘wouldn’t that be nice,’…but even that,” Rogan said. He later noted in the conversation that, at the time Comey posted the picture, he was not actively employed by the FBI.
“Like if the guy really was dirty, you should have something on him other than this seashell picture,” he added.
The Justice Department said a grand jury returned an indictment on Tuesday, charging Comey, 65, with violating 18 U.S.C. § 871(a) and 18 U.S.C. § 875(c) by allegedly making and transmitting threats that a reasonable recipient would interpret as a serious expression of intent to harm a person.
Prosecutors alleged the charges stemmed from a May 15, 2025, Instagram post showing “86 47,” which the government argued could be interpreted as a threat to harm the 47th president.
On Truth Social on Wednesday, Trump posted, “’86’ is a mob term for ‘kill him.’ They say 86 him! 86 47 means ‘kill President Trump.’James Comey, who is a Dirty Cop, one of the worst, knows this full well! EIGHT MILES OUT, SIX FEET DOWN! Didn’t he also lie to the FBI about this??? I think so! President DJT”
Acting Attorney General Todd Blanche said in the Tuesday DOJ press release, “Threatening the life of the President of the United States is a grave violation of our nation’s laws”. He continued, “The grand jury returned an indictment alleging James Comey did just that, at a time when this country has witnessed violent incitement followed by deadly actions against President Trump and other elected officials. The temperature needs to be turned down, and anyone who dials it up and threatens the life of the President will be held accountable.”
Biden Backers’ Backlash
Social media users have since circulated examples of Republicans and conservatives posting “86 46” during Joe Biden’s presidency, fueling debate over how such messages are interpreted and enforced.
Acting Attorney General Todd Blanche said the case is consistent with other prosecutions involving threats against public officials, referencing “multiple cases very similar to this one,” including one involving a threat against former President Biden.
It remains unclear which specific case he was referring to, and Newsweek could not identify any prior indictment tied specifically to an “86 46”-style post.
What Happens Next
Comey, a longtime Trump critic, now faces federal felony charges that could carry up to 10 years in prison and has said he intends to fight the case as it moves through court.
Comey is expected to challenge the indictment in court, with some legal experts predicting early motions to dismiss. Even if the case fails, the process could impose significant financial and personal strain.
“I still believe in the independent federal judiciary,” the former FBI director said Tuesday. “So, let’s go.”
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