A federal judge has postponed the trial of former FBI Director James Comey to October. Comey is facing federal charges related to an Instagram post from 2025. He allegedly threatened President Donald Trump with a post featuring seashells arranged to spell ’86 47.’ These numbers are interpreted by prosecutors as a call for removal, with ’86’ being slang for ‘get rid of,’ and ’47’ referencing Trump’s presidential number.
Initially scheduled for July, the trial will commence on October 21. This gives Comey’s legal team more time to file motions potentially dismissing the case on constitutional grounds, arguing the post as protected political speech under the First Amendment. Prosecutors did not oppose the rescheduling.
Comey has been at the center of political controversies since 2016, linked to investigations into Hillary Clinton and Russian interference. His legal team argues the charges might not withstand First Amendment scrutiny. The post was deleted after backlash, with Comey claiming he did not intend it as a threat.
District Judge Louise Wood Flanagan, appointed by President George W. Bush, made the decision to delay. Critics argue the indictment signals a use of governmental power to silence opposition, a view echoed by figures like Sen. Mark Warner.
Acting Attorney General Todd Blanche has emphasized that threats against the President are criminal, reflecting laws enacted by Congress. The upcoming trial will scrutinize whether Comey’s actions fall under protected speech or constitute an unlawful threat.
