Rogan Breaks Silence on Comey Indictment — His Take Will Surprise You

Clear Facts

• Joe Rogan criticized the DOJ’s indictment of James Comey over an Instagram post showing seashells arranged as “86 47”
• Comey faces two counts including threatening the President, though legal experts cite significant First Amendment concerns
• Rogan, a Trump supporter in 2024, called the prosecution “nuts” and suggested it appears to be retaliation rather than substantive justice

Podcast host Joe Rogan issued sharp criticism of the Justice Department’s recent indictment of former FBI Director James Comey, calling the charges “nuts” during an episode of “The Joe Rogan Experience” released Friday. The comments mark a rare public disagreement from Rogan with an action taken by the Trump administration he supported.

“It’s nuts. It’s nuts,” Rogan said on his podcast.

The Department of Justice filed two counts against Comey in North Carolina this week, including threatening the President. The charges stem from a viral Instagram post Comey published last year showing seashells arranged in the sand to spell “86 47.” Comey claimed he and his wife discovered the message during a beach walk and that she encouraged him to photograph and share it. He later deleted the post following public backlash.

The meaning of “86” has sparked debate, with interpretations ranging from restaurant industry slang for “get rid of” to more sinister connotations. The number “47” clearly references President Trump as the 47th president.

“You’re going after someone for something that’s just silly. 86 47 is get rid of 47,” Rogan said. “But it’s just arresting a guy for that is nuts.”

Rogan acknowledged agreement with a guest that the indictment appears to be “retaliation” against Comey for his role in the Russia investigation that overshadowed Trump’s first term. President Trump fired Comey as FBI Director in 2017, and the two men have remained adversaries since.

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

“Trump can take a shot, but not a joke,” guest Mark Normand quipped.

Rogan connected the Comey indictment to broader concerns about precedent-setting actions by the Trump administration, including the deployment of masked ICE agents in cities nationwide. Despite supporting Trump in the 2024 election, Rogan expressed reservations about certain enforcement tactics.

“Yeah, I understand you want the undocumented criminals out of the country. I agree. However, you’re setting a precedent for militarized people with seven weeks training to be walking around with weapons of war and flack jackets with no ID and masks on. That’s all I’m saying. This is a slippery slope you’re going down,” Rogan said.

Legal experts from across the political spectrum have expressed skepticism about the indictment’s chances of securing a conviction. George Washington University Law Professor Jonathan Turley stated the DOJ “would face a monumental challenge under the First Amendment.”

“In my view, the image itself is clearly protected speech,” Turley said. “Absent some other unknown facts or elements, it would be unlikely to survive a threshold constitutional challenge.”

Comey responded to the charges with defiance, issuing a statement declaring his innocence and confidence in the federal judiciary.

“I’m still innocent. I’m still not afraid. And I still believe in the independent federal judiciary. So let’s go,” Comey said.

Last fall, a federal judge dismissed separate false statement charges against Comey related to congressional testimony about whether he authorized leaks to the press concerning the Russia investigation. The pattern raises questions about prosecutorial strategy and the strength of cases being brought against the former FBI director.

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