Judge delays James Comey seashell trial to October 21

A federal judge on Tuesday granted former FBI Director James Comey's request to delay his criminal trial until October 21. The case centers on a May 2025 Instagram post showing seashells arranged on a beach to spell "86 47." Prosecutors did not object to the schedule change. The former FBI director's arraignment is now set for September 30.

the case The post used the restaurant slang term "86," meaning to remove or get rid of something, paired with "47," a reference to President Trump's position as the 47th president. Prosecutors allege the image amounted to a threat against the president. Comey deleted the post after public backlash and has stated he did not intend it as a threat and was unaware it could be linked to violence.

statements District Judge Louise Wood Flanagan issued the delay order. Comey's attorneys are preparing multiple motions on constitutional grounds that they argue could lead to dismissal of the charges. >"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, March 2026 (Fox News) >"Well, they're back. This time about a picture of seashells on a North Carolina Beach a year ago. And this won't be the end of it, but nothing has changed with me. " — James Comey, video statement (ABC News) The trial had originally been scheduled to begin in July.

The postponement gives the defense additional time to challenge whether the post constituted protected political speech under the First Amendment or a criminal threat.