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A federal judge delayed former FBI Director James Comey's trial until October as he fights federal charges accusing him of threatening to harm President Donald Trump through the "86 47" seashell photo he posted to Instagram in 2025.
Comey’s attorneys are preparing "multiple motions on constitutional grounds" that they argue could lead to the case being thrown out, according to their motion filed earlier in May. The trial was initially set to begin in July, and prosecutors did not object to the schedule change to Oct. 21.
The delay gives Comey’s defense team more time to challenge whether the post amounted to a criminal threat or protected political speech, a First Amendment fight likely to shape the case before it reaches a jury.
Comey has been a central figure in Trump-era political fights since the 2016 election, from his handling of former Secretary of State Hillary Clinton’s private email investigation to his role overseeing the early Russia probe before Trump fired him in 2017.
JAMES COMEY TELLS COLBERT WHAT LED TO HIM POSTING CONTROVERSIAL '86 47' INSTAGRAM POST
Legal questions are emerging over whether charges against former FBI Director James Comey would withstand a First Amendment challenge.
Comey’s indictment stems from a May 2025 Instagram post where he shared an image of seashells arranged on a beach to display the message "86 47."
"86" is common restaurant slang for "nix" or "get rid of. Prosecutors allege that Comey’s post amounted to a threat, as it was paired with "47," a reference to Trump's tenure as the 47th president.
After backlash last year, Comey deleted the post and denied that he intended it as a threat, saying he did not know "86" could be interpreted as a call for violence.
Former FBI Director James Comey is vowing to fight the charges against him, with his attorney saying the former FBI director "vigorously denies" the allegations and plans to contest the case in court. (Cheriss May/NurPhoto)
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The decision to delay was made by District Judge Louise Wood Flanagan, who was appointed to the federal bench by President George W. Bush in 2003.
Critics of the president have alleged that the Comey indictment is an example of the Trump administration weaponizing the government to attack his enemies.
JAMES COMEY INDICTED FOR ALLEGED THREATS AGAINST TRUMP: DOJ
Acting Attorney General Todd Blanche spoke during a news conference at the Robert F. Kennedy Department of Justice building in Washington, D.C., on April 7, 2026. He discussed the department's anti-fraud efforts and announced the creation of a National Fraud Enforcement Division. (Chip Somodevilla/Getty Images)
"Donald Trump has made clear that he intends to turn our justice system into a weapon for punishing and silencing his critics," Virginia Sen. Mark Warner, a Democrat, said of the indictment after it was announced. "Our system depends on prosecutors making decisions based on evidence and the law, not on the personal grudges of a politician determined to settle scores."
Supporters, meanwhile, maintain that Comey’s behavior crosses the line from protected constitutional speech to an illegal threat.
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"It's not a very difficult line to look at, and it's not, in my mind, a difficult line for one to cross over, one way or the other," Acting Attorney General Todd Blanche said of the case in March. "We cannot, you are not allowed to threaten the President of the United States of America. That's not my decision. That's Congress's decision, and a statute that they passed that we charge multiple times a year."
