The DOJ charged James Comey for posting "86 47" on Instagram and he's facing ten years in prison.
The same phrase is now flying on a flag near the White House – and a judge just told Trump's team they can't touch it.
The Department of Interior is furious, and they want you to know it.
The Judge Who Keeps Showing Up
U.S. District Judge Randolph Moss didn't just fall out of the sky on this one.
He's the same Obama appointee who blocked Trump's border invasion declaration in 2025.
He's the same judge who blocked Trump's deportation appeal overhaul in February 2026.
He's the same judge who blocked Trump's asylum crackdown – a ruling later upheld by two other Obama and Biden appointees.
And in March 2026, he ruled that Trump's executive order defunding NPR and PBS violated the First Amendment.
https://twitter.com/julie_kelly2/status/2061596890874126612?s=20
Four blows to the Trump agenda. Now a fifth.
Moss granted a temporary restraining order Monday blocking the National Park Service from removing the "86 47" flag flown by progressive group Accountability Now USA near the National Mall.
The group sued, claiming NPS violated their First Amendment rights by threatening to revoke their permit.
The DOI didn't hide its frustration.
"This opinion is from an Obama-appointed judge," a spokesperson told Fox News Digital. "In what world have we lost all decency, to demand that any threat against the President be taken very seriously. While the Department shall and does comply with the Court's orders, this type of behavior should not be tolerated."
What "86 47" Actually Means
The administration isn't guessing about what this phrase means.
The DOJ charged former FBI Director James Comey on two federal counts for posting seashells arranged to read "86 47" on Instagram in May 2025.
Comey faces up to 10 years in prison if convicted.
Trump was direct about it on Fox News.
"He knew exactly what that meant,” he said. “A child knows what that meant. If you're the FBI director and you don't know what that meant, that meant assassination. It says that loud and clear."
https://twitter.com/Analou494/status/2061623916200689898?s=20
Director of National Intelligence Tulsi Gabbard called for Comey to be put behind bars.
"We've already seen assassination attempts,” she said. “I'm very concerned for his life and James Comey, in my view, should be held accountable and put behind bars for this."
The concern isn't abstract.
Trump survived a bullet grazing his ear in Butler, Pennsylvania, on July 13, 2024.
A second attempt followed that same year.
And just weeks ago, a suspect was charged with plotting an assassination attempt tied to the White House Correspondents' Dinner – after which a D.C. magistrate judge apologized to that suspect for his treatment in custody.
That's the world Judge Moss is operating in when he rules this flag can stay up.
Moss found the meaning of "86" ambiguous, noting the flag didn't contain violent symbols and bore patriotic colors.
He wrote that the evidence showed the plaintiff displayed the flag to urge Congress to impeach and remove Trump from office.
He did acknowledge that "a true threat to the life or safety of the President would undoubtedly outweigh the interest of the public or the speaker in continuing to urge that unlawful conduct."
So Moss knows where the line is.
He just decided this flag doesn't cross it – even as the DOJ argues in federal court that the same phrase does.
One Judge, One Pattern
Moss is a Clinton Justice Department veteran whom Obama put on the bench in 2014.
He contributed to and volunteered for Democratic candidates before his appointment.
https://twitter.com/GigaBeers/status/2047758371512848666?s=20
He is not a judge who happened to catch a case. He is a pattern.
Accountability Now USA knew exactly what they were doing when they filed in D.C. They went looking for Moss and they found him.
The restraining order is in place for 14 days while litigation continues.
Which means a flag carrying the exact phrase at the center of a federal assassination-threat prosecution will keep flying near the seat of the American government – because one Clinton Justice Department veteran decided it probably just means impeachment.
Comey deleted his post within hours and spent weeks explaining he didn't know what it meant.
This group is flying theirs on a flagpole.
One Obama judge says that's fine.
The Interior Department is complying and saying out loud what every American watching this should be thinking: this should not be tolerated.
At some point, tolerating it anyway has to stop being the answer.
Sources:
- Ashley J. DiMella, "Obama judge clears left-wing group to fly ominous flag aimed at Trump on his own turf," Fox News, June 2, 2026.
- "What To Know About Judge Who Blocked Trump Immigration Court Reform," The Daily Signal, March 10, 2026.
- "Trump Bid to Toss Immigrant Appeals Blocked by Federal Judge," Bloomberg Law, February 5, 2026.
- "Here's Who Appointed the Judges Striking Down Trump Policies," The Daily Signal, 2025.
- "Secret Service interviewing ex-FBI director James Comey over '8647' Trump 'assassination' threat," Yahoo News/The Independent, May 2025.