Overview
- A federal judge granted Comey’s request on Tuesday, May 26, 2026, moving the trial start to Oct. 21 and setting arraignment for Sept. 30 after prosecutors did not oppose the delay.
- Comey is charged by a federal grand jury with threatening President Trump and transmitting a threat across state lines over a May 2025 Instagram photo showing seashells arranged as “86 47.”
- The Justice Department says investigators compiled an 11-month record beyond the deleted photo but has not disclosed details because of grand jury secrecy.
- Comey’s lawyers say they will file multiple constitutional motions seeking dismissal, expected in July, and the court cited ongoing discovery as a reason for the continuance.
- The case has become politically charged, with critics calling the indictment selective enforcement and prosecutors pointing to legal limits on threats; related subpoenas in South Florida and a prior dismissed Virginia indictment add layers that could affect the broader legal picture.