Former FBI Director James Comey’s lawyers have successfully delayed his jury trial until at least October, giving him time to try to get the federal charges against him thrown out entirely.
U.S. District Judge Louise Wood Flanagan, a George W. Bush appointee, delayed Comey’s trial from July to October 21 this week after his defense team said it was preparing “multiple motions on constitutional grounds” to dismiss the case.
Prosecutors did not object to the delay. The trial is set to take place in New Bern, North Carolina.
The charge stems from a May 2025 Instagram post in which Comey shared a photo of seashells arranged on a beach to spell out the numbers “86 47.”
Prosecutors say the message was a threat against President Donald Trump, the 47th president, because “86” is widely recognized slang for “eliminate” or “get rid of.” Comey faces two counts: threatening harm to the president and transmitting a threat across state lines.
Comey later deleted the post and claimed ignorance.
“I posted earlier a picture of some shells I saw today on a beach walk, which I assumed were a political message,” Comey wrote. “I didn’t realize some folks associate those numbers with violence. It never occurred to me but I oppose violence of any kind so I took the post down.”
Acting Attorney General Todd Blanche announced the indictment last month and made clear the government believes the case is on solid legal ground because it goes further than just the photograph.
“You are not allowed to threaten the President of the United States of America,” Blanche said. “That’s not my decision. That’s Congress’s decision, and a statute that they passed that we charge multiple times a year.”
The Comey case “goes beyond” the Instagram post itself, though he did not elaborate on the evidence that prosecutors have gathered.
It is the second time the Trump Justice Department has indicted Comey. A federal judge threw out an earlier, unrelated indictment against him last year.