Comey's Second Indictment, Explained | Joyce Vance & Preet Bharara

James Comey has been indicted a second time by the Trump DOJ over his 86 47 seashell Instagram post, with prosecutors charging the former FBI director with threatening the president's life. This second Comey indictment in 2026 raises major First Amendment questions about free speech and political prosecution.

Former federal prosecutors and hosts of the Insider podcast Preet Bharara and Joyce Vance break down the charges in this Substack live recording. Is the 86 47 seashell post a true threat or protected First Amendment speech? What are the takeaways from Acting Attorney General Todd Blanche’s press conference announcing the charges? What can we make of the timing? And does anyone really think Comey meant the post as a threat to physically harm President Trump?

This conversation was recorded live on Substack. For more live video sessions, join our community on Substack: https://staytuned.substack.com/

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Chapters:
00:00 Overview of the Jim Comey Indictment
03:16 Lack of Evidence & “Smoking Gun” Debate
05:18 The Seashell Post & Alleged Threat Explained
06:25 Legal Standard: Intent & Reasonable Doubt
07:52 Supreme Court “True Threats” Standard
10:31 Trial Outlook & Selective Prosecution Argument
20:30 Trump's Own Threatening Language

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