Joe Rogan Says Comey Case Is ‘Nuts’ if It Hinges on Seashell Photo

Joe Rogan criticized the Justice Department's new case against former FBI Director James Comey. He believes prosecutors need more than a disputed social media photo to go after one of President Donald Trump's longtime political rivals.

Rogan talked about the indictment on Friday’s episode of The Joe Rogan Experience. Comey was charged over a 2025 Instagram post that showed seashells arranged to read “86 47.”

Prosecutors claim the post was a threat against Trump, the 47th president. Comey denies he meant to send any violent message.

“It’s crazy. You’re going after someone for something that’s just silly,” Rogan said, according to Mediaite. “86 47 means get rid of 47. But arresting someone for that is just insane.”

The podcaster argued that this case sets a bad example if it mainly relies on the beach photo. He pointed out that “86” usually means to remove, fire, or get rid of someone, not to suggest violence.

“If you get fired, what happened to Mike? He got 86ed. It doesn’t mean he was killed. But this is a wild thing to arrest someone for,” Rogan said.

Rogan added that Trump and his supporters have long accused Comey of wrongdoing, but this new case seems based on a much weaker claim.

“They’re just looking for any reason, but it seems like there should be stronger reasons,” Rogan said. “If the guy really was dirty, you should have something on him other than this seashell picture.”

Comey appeared in court Wednesday after a federal indictment in North Carolina accused him of making a threat through the Instagram post.

The indictment, made public Tuesday, stated a reasonable person would see the image as “a serious expression of an intent to do harm to the President of the United States,” The Guardian reported.

Comey responded in a video after the indictment, insisting he remained innocent.

“Well, they’re back,” Comey said. “This time, about a picture of seashells on a North Carolina beach a year ago. And this won’t be the end of it, but nothing has changed with me. I am still innocent. I am still not afraid. And I still believe in the independent federal judiciary. So, let’s go.”

Comey previously said he saw the numbers as a political message and removed the post after realizing others interpreted it differently. He stated he opposes violence “of any kind,” according to The Guardian.

Reuters noted that legal experts have labeled the prosecution as flawed and likely to face serious First Amendment issues. David Hudson, a professor at Belmont University College of Law, told the outlet that Comey’s post was in “bad taste,” but still protected speech. He said it didn’t reach the level of a true threat.

“More reasonably, the message likely means opposition to the president or removing the president from office,” Hudson said. “One of the most basic First Amendment principles is the right of individuals to criticize government officials — even in an intense or harsh manner.”

Reuters added that the number “86” has origins in restaurant lingo, where it can mean to eject, refuse service, or run out of an item. The term has also developed other meanings in some contexts. Prosecutors argue the combination with “47” points to Trump.

This case marks the second criminal prosecution Comey faces during Trump’s second administration. A previous case accusing him of lying to Congress was dismissed after a judge ruled that the interim prosecutor who brought it was unlawfully appointed, Reuters reported.

Rogan, who has at times supported Trump, also compared Comey’s prosecution to his criticism of immigration enforcement agents working without visible identification. He argued both situations risk normalizing government actions that could later be misused.

“This sets a crazy precedent,” Rogan said. “This is a slippery slope you’re going down.”