The federal judge overseeing James Comey’s case has delayed the former FBI director’s criminal trial until 2027 while she considers multiple motions. Comey was charged after posting an Instagram photo that displayed “8647” written in seashells; prosecutors say the image could be interpreted as a threat to President Donald Trump. Judge Louise Flanagan postponed the arraignment to January, citing the seriousness of the charges and the need to give defense counsel additional time to prepare.
Judge Postpones James Comey Trial Until 2027 as Motions Are Decided
Former FBI Director James Comey arrives to speak at Barnes & Noble bookstore on April 18, 2018, in New York City. On Friday, a federal judge said his defense team needs more time to prepare for his trial in which he's accused of threatening to kill President Donald Trump. File Photo by Dennis Van Tine/UPI
Sept. 25 (UPI) — A federal judge in North Carolina has postponed the criminal trial of former FBI Director James Comey until 2027 while the court resolves several pending motions, including a defense bid to dismiss the case.
U.S. District Judge Louise Flanagan also delayed Comey’s arraignment, rescheduling it for January. Comey had been expected to be arraigned Wednesday in New Bern, N.C.
What the Charge Alleges
Federal prosecutors say the charge stems from an Instagram photograph in which the numbers 8647 were spelled out on a beach using seashells. Prosecutors contend the image amounted to a threat because “86” can be restaurant shorthand for “get rid of,” and “47” could be read as a reference to Donald Trump as a potential 47th president of the United States. Comey has been formally charged with making a threat against the president; those are allegations that have not been proven in court.
Defense Response and Court Ruling
In July, Comey’s legal team asked Judge Flanagan to dismiss the case, arguing the Instagram image does not meet the legal standard for a “true threat” and is protected political speech. The defense also requested more time to prepare for trial.
“The gravity of the charges, pending motions and the need to provide defense counsel additional time to prepare for trial promote need for continuance,” Judge Flanagan wrote in her order.
Background
Comey, who was fired as FBI director by then-President Trump in 2017, has been a frequent critic of Trump and says he is being targeted for his public comments. This is the second grand jury indictment returned against Comey during President Trump’s second term; an earlier indictment was dismissed by a judge in November.
Jill Keppeler contributed to this report.
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