A federal judge has delayed the trial of former FBI Director James Comey until October 21 in a case involving a social media post prosecutors say amounted to a threat against President Donald Trump.
U.S. District Judge Louise Wood Flanagan issued the order on Tuesday, moving the proceedings from their original July start date to the later time in New Bern, North Carolina. The decision followed a request from Comey’s legal team, which indicated plans to challenge the charges on constitutional grounds.
Comey faces two counts: threatening harm to the president and transmitting a threat across state lines. The charges stem from a May 2025 post on social media in which Comey shared an image of seashells arranged to spell out the numbers “86 47.”
According to court documents, prosecutors interpret the post as a threat because Trump is the 47th president and “86” is a slang term from the restaurant industry that can mean to discard or eliminate something. The filing noted that the image was shared publicly online.
Comey’s attorneys stated they expect to file “multiple motions on constitutional grounds” seeking dismissal of the case before trial. Those documents are due in July, giving the defense time to prepare arguments ahead of the new October date.
The case has drawn attention because of Comey’s prominent role as FBI director from 2013 to 2017 and his public clashes with Trump during and after his tenure. Prosecutors have not released additional details about the investigation beyond the social media post described in the charging documents.
Officials said the trial will take place in the U.S. District Court for the Eastern District of North Carolina. No further scheduling information was immediately available following Tuesday’s order.
Comey has not commented publicly on the charges since they were filed. His legal team declined to elaborate on the planned motions beyond the statement included in court records.
The delay provides additional time for both sides to prepare arguments in a case that centers on the interpretation of online speech and its potential legal consequences.
Reporting by Andrew Goudsward, editing by Michelle Nichols.