Former FBI Director Comey’s Trial Set for October in Federal Court
Former FBI chief James Comey will face federal trial in October over Instagram post showing seashells arranged as “86 47” that prosecutors say threatened President Trump.
NEW BERN, NORTH CAROLINA — United States District Judge Louise Flanagan has scheduled a federal trial for former FBI Director James Comey to begin October 21, 2026, following his indictment on charges related to a social media post authorities say threatened President Donald Trump.
The trial will commence at 9 a.m. in New Bern federal court, with arraignment proceedings set for September 30. Judge Flanagan issued the scheduling order Tuesday, establishing July 28 as the deadline for pretrial motions.
Social Media Post Triggers Federal Charges
A federal grand jury in North Carolina indicted Comey in late April for posting a photograph on Instagram showing seashells arranged to spell “86 47.” The term “86” serves as slang for cancelling or eliminating something, while the number 47 refers to Trump’s position as the 47th president.
Comey captured the seashell image while vacationing in North Carolina, according to court documents. Although he later removed the post from his Instagram account, the U.S. Department of Justice argues the photograph constituted a threat of violence against the president.
Federal prosecutors allege Comey violated laws against threatening to harm the president and used interstate commerce to transmit the threat by posting the image on social media.
Comey Maintains Innocence
The former FBI director addressed the charges in an April 28 video posted to his Substack account, declaring his innocence and rejecting the allegations.
“This is not who we are as a country, this is not how the Department of Justice is supposed to be. And the good news is we get closer everyday to restoring those values,” Comey said in the video statement.
Comey expressed confidence about facing the charges, stating he was not afraid of the legal proceedings against him.
Constitutional Questions Raised
Legal experts have raised concerns about whether the Justice Department’s prosecution infringes on Comey’s First Amendment rights to free speech. The case presents questions about the boundaries between protected political expression and criminal threats.
The charges against the former FBI director represent a significant development in the ongoing tensions between law enforcement officials and the current administration. Comey previously served as FBI director from 2013 to 2017 before his dismissal during Trump’s first presidential term.
The October trial date provides both sides several months to prepare their cases, with pretrial motions due by the end of July. The proceedings in New Bern will determine whether Comey’s social media activity crossed legal boundaries or constituted protected political speech.
