SouthernWorldwide.com – A federal judge has granted a delay in the trial of former FBI Director James Comey, pushing it back to October. Comey is facing federal charges for allegedly threatening President Donald Trump through a 2025 Instagram post featuring seashells. The post, which displayed “86 47,” has become the focal point of the legal proceedings.
Comey’s legal team is preparing to file several motions based on constitutional arguments. They believe these arguments could lead to the dismissal of the charges altogether. The trial was originally scheduled to commence in July, but prosecutors did not oppose the rescheduling to October 21.
This postponement provides Comey’s defense with additional time to build their case. They aim to challenge whether the Instagram post constituted a criminal threat or if it falls under the protection of political speech. This First Amendment debate is expected to be a significant factor in how the case unfolds before it reaches a jury.
James Comey has been a prominent figure in political conflicts during the Trump administration. His actions, from managing Hillary Clinton’s email investigation in 2016 to overseeing the early stages of the Russia probe, have frequently placed him at the center of controversy. President Trump ultimately fired him in 2017.
The indictment against Comey stems from an Instagram post he made in May 2025. In the post, he shared a photograph of seashells arranged on a beach to spell out “86 47.”
The number “86” is commonly used in restaurant slang to mean “nix” or “get rid of.” Prosecutors argue that when paired with “47,” which refers to Trump’s potential tenure as the 47th president, the post constitutes a threat.
Following public outcry, Comey removed the post. He has since denied any intention of making a threat, stating he was unaware that “86” could be interpreted as a call for violence.
The decision to delay the trial was made by District Judge Louise Wood Flanagan. She was appointed to the federal bench by President George W. Bush in 2003.
Some critics of the president have suggested that the indictment of Comey is an instance of the Trump administration using government power to target political opponents. They argue this demonstrates a pattern of weaponizing the justice system.
Conversely, supporters of the charges contend that Comey’s actions crossed the line from protected free speech to an illegal threat. They believe his behavior was not merely political commentary.
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Acting Attorney General Todd Blanche commented on the case in March, suggesting the line between protected speech and a threat is not difficult to discern. He emphasized that threatening the President of the United States is illegal and that such charges are brought regularly based on statutes passed by Congress.
