ALEXANDRIA, Va. >> Former FBI Director James Comey made his first court appearance Wednesday in a criminal case against him that legal experts say presents significant hurdles for the prosecution and will likely be a challenge for the Justice Department to win.

Comey was indicted in North Carolina on Tuesday on charges of making threats against President Donald Trump related to a photograph he posted on social media last year of seashells arranged in the numbers “86 47.” The Justice Department contends those numbers amounted to a threat against Trump, the 47th president. Comey has said he assumed the numbers reflected a political message, not a call to violence against the Republican president, and removed the post as soon as he saw some people were interpreting it that way.

The indictment is the second against Comey, a longtime adversary of Trump dating back to his time as FBI director, over the past year. The first one, on unrelated false-statement and obstruction charges, was tossed out by a judge last year. Now prosecutors pursuing the threats case face their own challenge of proving that Comey intended to communicate a true threat or at least recklessly discounted the possibility that the statement could be understood as a threat.

The indictment accuses Comey of acting “knowingly and willfully,” but its sparse language offers no support for that assertion. Acting Attorney General Todd Blanche declined to elaborate at a news conference on what evidence of intent the government has. But broad First Amendment protections for free speech, Supreme Court precedent and Comey’s public statements indicating that he did not intend to convey a threat will likely impose a tall burden for the government.

“Here, ‘86’ is ambiguous — it doesn’t necessarily threaten violence and the fact that it was the FBI Director posting this openly and notoriously on a public social media site suggests that he didn’t intend to convey a threat of violence,” John Keller, a former senior Justice Department official who led a task force to prosecute violent threats against election workers, wrote in a text message.

The case was charged in the Eastern District of North Carolina, the location of the beach where Comey has said he found the shells. He made a brief court appearance Wednesday at the federal courthouse in Alexandria, Virginia, the state where he lives.

Comey didn’t speak or enter a plea during the appearance, which lasted roughly five minutes. But his legal team teed up at least one argument expected to be invoked, with defense lawyer Patrick Fitzgerald saying the defense intended to argue that the prosecution is vindictive and selective and would ask prosecutors to save communications that might be relevant for that motion.

U.S. Magistrate Judge William Fitzpatrick also rejected the government’s request to set conditions on Comey’s release, calling it unnecessary.

As FBI director, Comey had overseen the early months of an investigation into whether Trump’s 2016 campaign had coordinated with Russia to sway the outcome of that year’s election. Comey was fired by Trump months into the president’s first term, and the president and his supporters have since sought retribution over the Russia investigation.

The Supreme Court has held that statements are not protected by the First Amendment if they meet the legal threshold of a “true threat.”

That requires prosecutors to prove, at a minimum, that a defendant recklessly disregarded the risk that a statement could be perceived as threatening violence. In a 2023 Supreme Court case, the majority held that prosecutors have to show that the “defendant had some subjective understanding of the threatening nature of his statements.”