Derek Schmidt

Former FBI Director James Comey was indicted for allegedly threatening President Trump.

The indictment stems from an Instagram post of seashells arranged to say "86 47."

U.S. Rep. Derek Schmidt, R-Kansas, suggested the indictment is a "leap" based on an expression.

President Trump interpreted the post as a mob term for "kill him."

The former Kansas attorney general turned congressman has suggested President Donald Trump's administration was reaching with the indictment of the former Federal Bureau of Investigation director.

"What I've read about the indictment — I mean maybe there's more there — it's quite a leap to indict somebody for an expression," said U.S. Rep. Derek Schmidt, R-Kansas. "The news coverage at least suggests that he was indicted for the expression that he wrote out in seashells on the shore referencing the president."

Comey has said he saw the shells while walking on a beach. He said he thought it was a political message and took the post down after finding out that some people associate the number with violence.

As a former state attorney general, Schmidt brings unique experience as a state's top prosecutor to the House Judiciary Committee.

Schmidt held a telephone town hall on April 29, amid a lull in House proceedings on the farm bill. A caller from Burlington asked Schmidt, "What is your standing with regard to the Department of Justice pursuit of indicting former FBI director James Comey?"

The two-count federal indictment from a grand jury in North Carolina alleges Comey made "a threat to kill the President" by posting a photo to Instagram that "depicted seashells arranged in a pattern making out '86 47'."

Kansas congressman does have concerns about former attorney general

"I haven't read the indictment," Schmidt said. "All I know is what I've read in the news coverage — and that's probably appropriate. At the end of the day, Congress doesn't or shouldn't have a role in whether the Department of Justice brings charges against somebody or not.

"I think Mr. Comey has plenty of problems. I think he was a more political actor. In hindsight, it's pretty clear he was a much more political actor than we should have as the director of our principal criminal investigation agency, the FBI. So I'm not an enormous fan of his."

Meanwhile, the Kansas Republican Party celebrated the indictment in a social media post saying it was "good political news" that "James Comey was indicted."

The 8647 post has been interpreted as a call to "86" Trump, who is the 47th president. The Merriam-Webster dictionary defines "eighty-six" as slang for "to throw out" or "get rid of" originating from 1930s soda counters when an item was sold out.

In a social media post, Trump said "'86' is a mob term for '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"

The indictment over the 8647 post is the second time Trump's DOJ has sought criminal charges against Comey after the president publicly put political pressure on prosecutors. Last year, Trump made a social media post directed at then-Attorney General Pam Bondi that said Comey is "guilty as hell" and "JUSTICE MUST BE SERVED, NOW!!!"

New acting Attorney General Todd Blanche and FBI director Kash Patel were both quoted in the DOJ press release announcing the new indictment.