Even Fox News Legal Pundit Suggests New James Comey Indictment Is Sketchy

On May 1, 2026

Fox News legal contributor Jonathan Turley wasn’t going to bury his head in the sand after the Trump administration indicted ex-FBI Director James Comey for a beach photo he posted last year. (Watch the video below.)

Turley appeared skeptical of the development in an interview with the conservative channel on Tuesday.

Comey was indicted again by Donald Trump’s Justice Department, this time for allegedly threatening the president by sharing a photo of seashells arranged on the sand in the shape of “86 47.”

The accusation reinforced the administration’s apparent effort to attack those Trump considers to be enemies through prosecution. But the case is flimsy, according to some legal experts.

The slang “86” usually refers to throwing someone out of an establishment, not murder or bodily harm, as advocates for the president seem to be insisting in the criminal accusation.

Turley, however, was asked about a different facet of the case.

“When Comey initially posted that Instagram photo, his caption insinuated that he did not create this shell art formation in the sand,” co-anchor Gillian Turner said to Turley. “Does any of that matter in a legal sense in this case, whether Comey is the originator of that message or whether he just walked by as he claims to have done and photographed it?”

“Well, I have to say, I must be in a parallel universe to be talking about the shell artwork of James Comey,” Turley replied with a smile. “But the fact is that it is relevant only to the extent that he might have denied a fact” and that his denial “proved to be false to federal officials.”

“I think that just showing the picture is going to be a weak case in terms of a threat,” he continued.

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Co-anchor John Roberts pointed out that it is a federal crime to threaten harm “to a president … or their successors.” Roberts asked him if the photo could hold up to that standard.

“In my view, it would very likely be viewed as protected speech if it was the basis of a criminal indictment,” Turley explained. “That alone would have a hard time standing up in court.”

“Just showing a picture like that would be a very difficult foundation, a very unstable foundation for prosecution, because right out of the gate will come a First Amendment challenge,” he added.

Turley’s take somewhat jibed with that of Ty Cobb, who was a White House attorney during Trump’s first term. “It’s specious. It’ll be thrown out. It’s classic revenge,” he told CNN on Tuesday.

Comey has declared he is innocent.

The previous case against him, which accused him of lying in congressional testimony, was dismissed in November.