Definition of ‘86’ at the Heart of Comey Indictment - FactCheck.org

A federal indictment against former FBI Director James Comey hinges on the meaning of “86.” The Department of Justice said it indicates a threat of physical harm, while the more common dictionary definition is to throw out or get rid of something. Legal experts have said the ambiguity of the meaning will make this a difficult case for the DOJ. In May 2025, while walking on the beach in North Carolina, Comey said he came across shells arranged to spell out “86 47” — Donald Trump is the 47th president — and he shared the image on Instagram. According to the online Merriam-Webster dictionary, “eighty-six” is a slang term most commonly used to mean “to throw out,” “to get rid of” or “to refuse service to.” More recently, though, and sparsely, Merriam-Webster says, it has also come to mean “to kill.” And that’s the definition the Department of Justice relies upon. According to a two-page indictment announced on April 28, Comey “did knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States” by posting the image of the shells that “a reasonable recipient who is familiar with