Tillis: Comey ‘Biggest Disappointment’ of My Senate Career But Opposes ‘Vindictive’ Indictment
Reflecto News | U.S. Politics & Justice | Analysis
WASHINGTON — Sen. Thom Tillis (R-N.C.) delivered a sharp rebuke of former FBI Director James Comey on Sunday, calling him the “biggest disappointment” of his Senate career, but he drew a firm line against supporting what he described as a “vindictive prosecution” over a controversial social media post .
In an interview on CNN’s “State of the Union,” Tillis made clear that while his personal regard for Comey has soured dramatically since he voted to confirm him in 2013, that does not mean he will rubber-stamp the Justice Department’s case against him.
“I can’t find any evidence where 86 is used as a call for violence. It better be more than just the picture. There have to be facts and circumstances beyond that to convince me.”
— Sen. Thom Tillis (R-N.C.)
💼 The Indictment: What Comey Is Accused Of
A federal grand jury in North Carolina indicted James Comey last month over an Instagram post from May 2025 that showed seashells arranged to spell the numbers “8647” . The former FBI director faces charges of threatening to kill or injure President Donald Trump and transmitting the threat via interstate commerce .
The interpretation hinges on two claims:
- “86” is sometimes used as slang for getting rid of something or someone .
- “47” refers to Trump, the 47th president of the United States .
Comey deleted the post the same day he published it, writing that while he assumed the formation was a “political message,” he “didn’t realize some folks associate those numbers with violence” . He added, “It never occurred to me but I oppose violence of any kind” .
🍽️ ‘86’ in Context: Restaurant Slang vs. a ‘Mob Term’
President Trump has insisted the post was a deliberate threat. He told reporters last week, “If anybody knows anything about crime, they know ‘86.’ You know what ‘86’ [is]? It’s a mob term for ‘kill ’em’” .
Tillis, who noted that he once worked in the restaurant industry, pushed back directly on that interpretation.
“If this whole case is based on a picture in the sand of a North Carolina beach, it again makes no sense to me.”
— Sen. Thom Tillis (R-N.C.)
The Merriam-Webster dictionary traces the term’s origins to 1930s soda-counter slang indicating that an item was sold out or an unruly patron was being thrown out . While the dictionary notes a recent meaning of “to kill,” it says it has not adopted that definition “due to its relative recency and sparseness of use” .
🔥 ‘The Biggest Disappointment of My Senate Career’
Despite his opposition to the prosecution, Tillis did not spare Comey from personal criticism. He said his vote to confirm Comey as FBI director in 2013 is now the “biggest disappointment of my Senate career” and called the former FBI chief a “political hack” .
Comey was fired by Trump in 2017 while leading the FBI’s investigation into Russian interference in the 2016 election. The two men have remained bitter adversaries; Comey subsequently wrote a memoir in which he levied heavy criticism at Trump .
⚖️ A Pattern of Legal Action
The seashell indictment is the latest—and most unusual—legal action against Comey since Trump returned to the White House.
- September 2025 – Comey was indicted in Virginia on charges of lying to Congress and obstructing a congressional proceeding .
- November 2025 – A federal judge dismissed that case, ruling that the interim U.S. attorney who brought the charges had been unlawfully appointed .
- April 2026 – The Justice Department, now under Acting Attorney General Todd Blanche, revived scrutiny of the Instagram post, leading to the current indictment .
📝 ‘A Vindictive Prosecution’
Tillis said the thin evidentiary basis of the case gave him serious pause.
“That alone, though, would not allow me [to] support what I think, on its face, is some sort of a vindictive prosecution.”
— Sen. Thom Tillis (R-N.C.)
He was echoed by legal experts. Michael Gerhardt, a professor at the University of North Carolina School of Law, described the indictment as “quite weak” and said courts would likely rule that the post is protected speech under the First Amendment . Former Assistant Attorney General Jimmy Gurulé called the prosecution “an embarrassment to the American criminal justice system” .
➡️ What Comes Next
Comey has vowed to fight the charges, posting on Substack: “I’m still innocent, I’m still not afraid and I still believe in the independent federal judiciary, so let’s go” .
Tillis’s stance places him in a small but significant group of Republicans who are unwilling to support the prosecution even as they express deep personal disapproval of the former FBI director. Whether other GOP senators follow his lead could determine the political trajectory of the case as it moves toward trial.
The case is being heard in the Eastern District of North Carolina by U.S. District Judge Louise Flanagan .
📋 Key Takeaways for Reflecto News Readers
| Aspect | Summary |
|---|---|
| Tillis’s statement | Comey is “biggest disappointment” of his career, but opposes “vindictive” indictment |
| The charge | Comey indicted for threatening Trump via Instagram post showing “8647” in seashells |
| The alleged threat | “86” = get rid of; “47” = 47th president |
| Tillis’s restaurant background | “86” originated in restaurant slang; calls evidence “a picture in the sand” |
| Legal experts | Call indictment “quite weak,” likely protected by First Amendment |
| Pattern of prosecution | Earlier perjury/obstruction case (VA) was dismissed |
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