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Judge Cancels Comey Appearance, Sets July 15 Trial in '86 47' Case

The prosecution tests whether a cryptic Instagram post amounts to a true threat under federal law.

Overview

  • Judge Louise Flanagan, who set the schedule Friday, canceled the Greenville initial appearance after Comey filed a waiver with Justice Department consent.
  • The court set a pretrial conference on or before May 29, ordered defense motions by June 5, scheduled arraignment for June 30, and set a tentative trial for July 15.
  • The two-count indictment alleges a true threat based on a since-deleted May 2025 Instagram photo of seashells spelling “86 47,” a phrase often used to mean “get rid of 47,” and it carries a maximum penalty of 10 years if he is convicted.
  • Acting Attorney General Todd Blanche said threatening the President is a grave crime, and local prosecutors said the grand jury found probable cause to charge Comey.
  • Comey’s lawyers say they will seek to dismiss the case on First Amendment and selective‑prosecution grounds after his April 29 initial appearance in Alexandria, and a different 2025 indictment against him was tossed on procedural grounds.