Joe Rogan weighs in on Trump administration’s indictment of James Comey over ‘86 47’ seashell post: “That is nuts”
Joe Rogan criticized the Trump administration’s decision to charge former FBI Director James Comey over a social media post, calling the move “crazy” and suggesting it could set a troubling legal precedent. The podcast host, who has recently begun distancing himself from Donald Trump, shared his concerns during a Friday episode of his show.
Rogan argued that prosecuting a vague or open-to-interpretation post could dangerously broaden how threats are defined under the law, potentially weakening First Amendment protections.
Comey was indicted by a federal grand jury in North Carolina on two counts related to alleged threats against President Trump. The charges stem from a 2025 Instagram post featuring seashells arranged to form the numbers “86 47.” Prosecutors claim that “86” is slang for “eliminate” or “get rid of,” and could be interpreted as a message directed at Trump, the 47th president.
Comey has denied any harmful intent, stating that he saw the post as political expression rather than a threat. He reaffirmed his innocence during a court appearance earlier in the week.
Speaking on his podcast, Rogan criticized the case, saying it stretches the meaning of the post too far. He argued that while “86” can sometimes mean “get rid of,” charging someone over such an ambiguous message is excessive. According to him, pursuing legal action over something so unclear risks creating a dangerous precedent.
Rogan also suggested that even more explicit imagery might not justify such a response, noting the complexity of interpreting intent in online content.
Although Rogan supported Trump during the 2024 election, he has since taken a more critical stance, particularly over issues like the handling of the Jeffrey Epstein files and U.S. involvement in Iran.
Trump, however, strongly disagreed with that interpretation. In a post on Truth Social, he claimed that “86” is commonly used as a mob term meaning “kill,” and insisted that Comey understood the implication. He also renewed his criticism of Comey, calling him corrupt and questioning his credibility.
Rogan pushed back on that view, emphasizing that “86” is more often used to mean removing or firing someone rather than causing harm. He also pointed out that Comey was no longer serving as FBI director at the time the post was made.
In Rogan’s view, the case appears weak, arguing that if there were serious wrongdoing, authorities should have stronger evidence than a symbolic image.
The Independent has reached out to the White House for comment.
This is not the first time Comey has faced legal scrutiny. In a previous case, he was accused of lying to Congress, but the charges were dismissed before trial. A court ruling found that the prosecutor handling the case had exceeded the legal term limit for the position, invalidating the case altogether.
