Republican Sen. Thom Tillis (N.C.) criticized the Donald Trump Justice Department for indicting former FBI Director James Comey over an Instagram post with seashells.

Comey was indicted last week on charges of making threats against Donald Trump related to the photograph he posted on social media last year of seashells arranged in the numbers “86 47.”

“If this whole case is based on a picture in the sand of a North Carolina beach, it again makes no sense to me,” Tillis told host Jake Tapper on CNN’s State of the Union. “I used to work in the restaurant industry, and I think ’86’ actually has its roots as a cook. It has its roots at ’86ing’ the menu or ’86ing’ the product.”

The term “86,” according to Merriam-Webster, means “to throw out,” “to get rid of,” or “to refuse service to.” The term dates back to the 1930s, referring to an item at a soda counter being sold out. But, Trump and his allies have argued that the numbers amounted to a threat to Trump’s life.

“Well, if anybody knows anything about crime, they know 86 — you know what 86 — it’s a mob term for kill him,” Trump told reporters last week.

Tillis pushed back on Sunday, noting that there is no evidence to show that ’86’ is used to call for violence.

“If it’s more than just the picture — it reminds me of the two minutes of testimony against [Federal Reserve Chairman Jerome] Powell — it better be more than just the picture,” he said. “There have to be facts and circumstances beyond that to convince me.”

Acting Attorney General Todd Blanche said earlier on Sunday that the case goes beyond the seashell post.

“This is not just about a single Instagram post,” Blanche told NBC News’ “Meet the Press”. “This is about a body of evidence that prosecutors collected over the series of about 11 months. That evidence was presented to the grand jury.”

“At the trial — a public trial that will be open to the public — everybody in this country will know exactly what evidence the government has against Mr. Comey,” Blanche added.

But in the indictment, the only piece of evidence cited is a photo that Comey posted to Instagram last May of seashells forming the numbers 86-47.