Sen. Thom Tillis (R-NC) said on Sunday that he believes posting “86 47” is not a crime in light of the indictment against former FBI Director James Comey, arguing that the term “86” has its roots in the restaurant industry.

“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 said 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.”