A federal judge has granted former FBI Director James Comey’s request to delay his criminal trial, which now begins on October 21 in New Bern, North Carolina. The trial, originally scheduled for July 15, was postponed after prosecutors did not oppose the delay. Comey’s arraignment is set for September 30.
The case stems from a May 2025 Instagram post where Comey shared an image of seashells arranged to form the numbers “86 47.” Prosecutors allege the post was a threat against President Donald Trump, the 47th U.S. president, with “86” being slang for “get rid of.” Comey later deleted the post, stating he did not realize it could be interpreted as a threat.
Comey’s legal team plans to file multiple motions on constitutional grounds seeking dismissal of the case before trial. These filings are expected in July and may challenge the legality of the prosecution. The defense argues the case is a product of selective prosecution and raises First Amendment concerns over whether the post constitutes protected political speech.
Background and Context
The indictment follows a federal grand jury’s decision in April 2024, charging Comey with threatening harm to the president and transmitting a threat across state lines. Trump allies have framed the post as a veiled threat, while critics argue the prosecution reflects broader efforts to target perceived political enemies. Comey has maintained his innocence, stating he will apply for Trump’s recently established “Anti-Weaponization Fund.”
Legal and Political Implications
The case raises questions about the boundaries of free speech versus criminal threats, particularly in political discourse. Acting Attorney General Todd Blanche has argued that Comey’s post crossed the line into prosecutable conduct. Meanwhile, legal experts note that similar cases have faced challenges under the First Amendment.
The trial’s delay provides Comey’s team additional time to prepare arguments, including potential claims of vindictive prosecution. The outcome could set precedents for how social media posts are interpreted in legal contexts, especially when involving public figures.
Previous Legal Battles
This is not Comey’s first legal confrontation with the Trump administration. In a separate case, a federal judge dismissed charges against him in the Eastern District of Virginia, ruling that a key prosecutor was improperly appointed. The Trump administration has faced other setbacks, including a federal grand jury in Washington rejecting an attempt to indict Democratic lawmakers over a social media video.
The trial’s delay and Comey’s legal strategy will likely shape the case’s trajectory, with implications for both political and legal landscapes.