'It sets a crazy precedent': Joe Rogan slams Trump administration over Comey's prosecution
Joe Rogan, the host of the popular 'The Joe Rogan Experience' podcast, questioned the Trump administration's prosecutorial priorities in his latest episode, pointing out the lack of arrests in the Jeffrey Epstein case as he questioned the indictment of former FBI Director James Comey over an Instagram post in 2025.
The post in question carried a bunch of seashells depicting "86 47", which the Secret Service interpreted as a call for the assassination of President Trump, the 47th president of the United States. Comey appeared in court last Wednesday.
Rogan went on to explain his understanding of "86" with an example of firing someone. "If you (Mike) gets fired, what happened to Mike? He got 86ed. It doesn't mean you got killed. But this is a crazy thing to arrest someone for," he said.
I think the Comey prosecution is pure nonsense on the merits and a clear abuse of power in intent. But I'm just wondering if it's dawned on anyone that Tucker floating the idea that Trump is the Antichrist probably puts Trump in more danger than Comey saying "hey look at these…
— Jonah Goldberg (@JonahDispatch) May 2, 2026
The podcaster warned that the indictment sets a "crazy precedent." "You're going after someone for something that's just silly…arresting a guy for that. It's nuts," Rogan told his guests— Shane Gillis, Mark Normand, and Ari Shaffir. He also stated that Comey shared the post as a private citizen, and not as an FBI director.
The indictment, according to Rogan, shows how the Trump administration is looking for any reason to go after Comey. "It seems like there should be other reasons. If the guy really was dirty, you should have something on him other than this seashell picture," he averred.
Comey, in his defense, said that he was innocent while reiterating his faith in the independence of the federal judiciary. He claimed that the actions of the Trump administration were bringing the Justice Department into disrepute.
There’s no real case here against James Comey. Trump knows it.
— Olivia Troye (@OliviaTroye) April 29, 2026
This isn’t about winning. It’s about the spectacle, the cameras, the legal bills, and toll on Comey and his family.
If this is the playbook, anyone can be targeted. This is retribution.
Comey won’t be the last.
The indictment includes two counts, alleging that Comey "knowingly and willfully" made a threat to take the life of the President, and to inflict bodily harm. It argues that the image can be interpreted as a serious expression of an intent to harm Trump. It also contends that Comey was aware that his communication threatened violence.
Comey assumed that the numbers were a political message, rather than an incitement to violence. He deleted the post the same day it went online, i.e., May 15, 2025. Trump, when asked for a comment, called Comey a "dirty cop" and a "crooked man" and accused him of putting his life in danger.
This is the second time that the Justice Department has brought criminal charges against Comey, a longtime critic of Trump, who was responsible for overseeing the FBI's investigation into alleged Russian interference in the 2016 US elections.