Former FBI director and longtime Donald Trump enemy James Comey is currently under indictment for posting a beach rock formation with the phrase “86 47,” under the flimsy pretext that it represents a threat to assassinate the president.
Now, a group that saved a banner with that same phrase has won a court decision.
Politico reported Monday that U.S. District Judge Randolph Moss has ruled that the banner, which a group called Accountability Now USA has waved on the National Mall, cannot be read as a threat to the president’s life.
“The Court does not doubt that political violence is on the rise and that it poses a grave threat not just to the targets of the threats but to the country as a whole. But the enormity of that problem does not change the meaning of Plaintiff’s speech, which by any reasonable measure merely advocated for the President’s impeachment and removal from office — that is, ‘to throw [him] out,’” the judge wrote in his decision.
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The group has advocated for Trump’s impeachment, although not for any threats on his life. The judge is an Obama appointee.
NEW: A federal judge ruled that a group could not be blocked from protesting on the National Mall over its decision to fly an “86-47” flag, saying the evidence did not support calling it a coded call to violence against President Trump. w/ @joshgersteinhttps://t.co/yJ6w1gvgtL pic.twitter.com/2YDn3CIL43
— Kyle Cheney (@kyledcheney) June 1, 2026
The decision also cited a dictionary definition of “eighty-six,” which listed its meaning as “to throw out “or ”to get rid of.”
The other ongoing “86” case was not referenced in the hearing, per Politico.
“The ruling doesn’t mention the recent criminal case brought against former FBI director James Comey, accusing him of threatening Trump’s life last year with an Instagram post of a seashell arrangement on a North Carolina beach that depicted the ‘8647’ phrase,” the piece said. “But Moss’ determination underscores questions about the genesis of the charges against Comey, who took down the post and apologized and has repeatedly denied that the expression was meant to provoke violence against Trump.”
Photo courtesy of an X screenshot.
