Former FBI Director James Comey arrested in Virginia, appears briefly in court

Former FBI Director James Comey surrendered Wednesday to law enforcement at federal court in the Eastern District of Virginia, according to a person familiar.

Authorities arrested Comey ahead of his first appearance in court. Wednesdays' hearing lasted less than 10 minutes.

Comey is charged with making a threat against the president and transmitting a threat in interstate commerce, according to court documents.

The New York Times reported that Comey did not speak before the magistrate judge, William E. Fitzpatrick, but nodded along as he was reminded of his rights and the charges against him. The judge addressed mainly administrative matters, including the conditions of Comey’s release, during which he referred to the last time Comey appeared at the federal court in Alexandria, Virginia, over the first indictment the Justice Department brought against him.

“I don’t think conditions of release are necessary,” Fitzpatrick said. “They weren’t necessary last time. They are not necessary this time.”

Fitzgerald was the only one who spoke for Comey, and told the court that they would be challenging the case by claiming a “vindictive and selective prosecution.”

Comey is expected to appear in court in North Carolina at a later date.

In a video message posted to Substack,  Comey said that he is “still innocent.”

Tuesday’s indictment is centered on a picture Comey posted on social media last May, of shells on a beach writing out the numbers “86 47.” He wrote in the caption, “Cool shell formation on my beach walk.”

Almost immediately following his post, Republicans and administration officials began criticizing Comey for what they said amounted to a death threat against President Donald Trump.

When used as slang, the number 86 can refer to getting rid of or tossing something out. Trump is currently the 47th president.

Comey’s indictment comes as Blanche has picked up the pace in bringing cases that the president has publicly jockeyed for.

“This is not going anywhere. This is clearly not a punishable threat,” Eugene Volokh, a senior fellow at the Hoover Institution at Stanford University who specializes in First Amendment law, told CNN Tuesday.

This is the second time that Trump’s Justice Department brought charges against Comey.

In September 2025, the Justice Department first brought charges against Comey, accusing him of lying to Congress over leaks to the press.

The case was dismissed late last year by a federal judge who found that the interim U.S. Attorney for the Eastern District of Virginia had been improperly appointed, having skirted approval from the Senate.