Joe Rogancalled theTrump administration’s decisionto indict formerFBIDirectorJames Comeyover his “86 47”seashell photo“nuts,” as the polarizing podcast host continues to distance himself from the president.
Speaking on his podcast Friday, Rogan argued that prosecuting an ambiguous post risks expanding how the legal system defines threats, potentially underminingFirst Amendmentprotections.
Comey has beenchargedby a federal grand jury in North Carolinawith two counts related to alleged threatsagainst PresidentDonald Trump. The case stems from a 2025 Instagram post showing seashells arranged to read “86 47.” Prosecutors say “86” can mean “get rid of” or “eliminate,” as it does in restaurant slang, and argue it could be interpreted as referring to Trump, the 47th president. Comey previously said he viewed the message as political rather than threatening and maintained his innocence in court on Wednesday.
"The problem with these guys is it sets a crazy precedent," Rogan said, criticizing the prosecution’s interpretation as a stretch. "It's nuts, like you're going after someone for something that's just silly. '86 47' is get rid of 47...But it's just like arresting a guy for that is nuts.”
"I mean, it's one thing, like if you have like a photo of him, like an AI, you post an AI photo of him dead, you know, with bullet holes in him like 'wouldn't that be nice,'...but even that," Rogan added.
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Rogan endorsed Trump in the 2024 election but has since publicly distanced himself from the president over issues including the handling of the Jeffrey Epstein files and the war in Iran.On Truth Social Wednesday,Trump claimed, "'86' is a mob termfor 'kill him.' They say 86 him! 86 47 means 'kill President Trump.'James Comey, who is a Dirty Cop, one of the worst, knows this full well! EIGHT MILES OUT, SIX FEET DOWN! Didn’t he also lie to the FBI about this??? I think so! President DJT"
Meanwhile, Rogan argued Friday that “86” commonly means firing or removing someone rather than harming them, and noted that Comey was not actively serving as FBI director when the photo was posted.
While Trump and his allies have long been critical of Comey - himself a longtime critic of the president - Rogan said the current case appears to rest on a much weaker legal foundation.
“Arresting a guy for that is nuts,” he said. “If the guy really was dirty, you should have something on him other than this seashell picture.”
The Independenthas contacted the White House for comment.
Comey waspreviously targetedby the Department of Justice last year in a separate case in which he was accused of lying to Congress. The allegations were brought by then-U.S. Attorney for the Eastern District of Virginia Lindsey Halligan. Comey denied the charges, but the case never went to trial. It was ultimately dismissed after a ruling determined that Halligan had remained in her position beyond the legal limit of her term, invalidating the prosecution’s standing.