COURTROOM DELAY: Comey’s ‘86 47’ Trump Threat Case Pushed Into 2027 as Defense Seeks Dismissal
COURTROOM DELAY: Comey’s ‘86 47’ Trump Threat Case Pushed Into 2027 as Defense Seeks Dismissal
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The federal criminal case against James Comey over his controversial “86 47” social media post targeting President Donald Trump will stretch into 2027, after a federal judge agreed to postpone the former FBI director’s arraignment while considering defense efforts to have the charges thrown out.
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Comey had been scheduled to be arraigned on Sept. 30, but U.S. District Judge Louise Flanagan on Friday granted his request to move the proceeding to January. The judge also declined to set a new trial date while motions challenging the prosecution remain pending.
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Federal prosecutors did not object to Comey’s request for additional time, according to the court order, although the government has indicated that it was prepared to move ahead under the previous timetable.
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“The gravity of the charges, pending motions, and the need to provide defense counsel additional time to prepare for trial promote need for continuance,” Flanagan wrote, according to the Carolina Journal.
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Comey’s legal team asked for the postponement earlier this month, telling the court that attorneys had devoted considerable time to preparing extensive motions seeking dismissal of the indictment. Should those motions fail, the defense argued, additional time would be necessary to prepare adequately for trial.
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The defense initially proposed moving the arraignment to January and scheduling the trial for February, according to WITN-TV in North Carolina. Comey’s attorneys said the case requires significant pretrial litigation, a substantial review of discovery material and potentially additional evidentiary hearings.
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The prosecution stems from a May 2025 Instagram post in which Comey displayed a photograph of seashells positioned in the sand to spell out “86 47.” He accompanied the image with the caption, “Cool shell formation on my beach walk.”
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Federal prosecutors contend that the post amounted to a threat against President Trump, who is the 47th president of the United States. The government argues that the number “86” can be interpreted as a reference to eliminating or getting rid of someone.
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A federal grand jury in April returned a two-count indictment against Comey, charging him with threatening the president and transmitting a threat in interstate commerce.
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When announcing the charges, the Justice Department said the image could reasonably be viewed as “a serious expression of an intent to do harm” to Trump. If convicted on both counts, Comey faces a maximum possible sentence of 10 years in federal prison.
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The Justice Department also stressed when announcing the indictment that the charges are allegations and that Comey remains presumed innocent unless and until he is proven guilty.
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Comey’s attorneys have responded with a sweeping attack on the prosecution, maintaining that his Instagram post constituted political speech protected under the First Amendment rather than a legally actionable “true threat.”
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In a motion filed in July, Comey’s lawyers argued that “86” is commonly understood to mean removing, ejecting or getting rid of someone. They also maintained that the expression “86 47” had been widely used as a political slogan by opponents of Trump.
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The defense further contends that even if the post could be viewed as harsh or aggressive political rhetoric, a reasonable person would regard it as political hyperbole rather than an actual declaration that Comey intended to harm the president.
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Comey’s attorneys have separately accused the Justice Department of pursuing a selective and vindictive prosecution, arguing that he was singled out because of his years of public clashes with Trump.
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Federal prosecutors have rejected that allegation.
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Justice Department lawyers argued in August that there was “no serious dispute” that Comey’s post was capable of being understood as a threat against Trump and defended the decision to bring criminal charges.
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Prosecutors have additionally maintained that Comey’s behavior and statements surrounding the social media post can properly be considered when determining whether his message crossed the line into a criminal threat.
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Those sharply different interpretations now leave Flanagan with a series of consequential legal questions to decide before the prosecution can proceed toward trial.
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Comey’s attorneys have filed multiple motions attacking the indictment while also seeking further information about the government’s investigation and the grand jury proceedings that resulted in the charges.
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The defense has additionally raised concerns regarding surveillance carried out following the Instagram post and evidence gathered by investigators, potentially setting the stage for further hearings before a jury trial can begin.
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The delay comes as Comey continues to battle another federal prosecution brought during Trump’s second administration.
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That separate case accused Comey of lying to Congress concerning his handling of information connected to the Russia investigation. A judge dismissed the prosecution after finding that the prosecutor who secured the indictment had not been lawfully appointed.
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The Justice Department appealed that decision, leaving the other case as another unresolved piece of Comey’s continuing legal battles.
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Comey has been one of Trump’s most prominent political adversaries since the president’s first term. Trump fired Comey as FBI director in 2017 while the bureau was investigating Russian interference in the 2016 presidential election, an investigation that Trump and many of his supporters have long denounced as a hoax.
