Overview
- Judge Louise Wood Flanagan, who granted the continuance Tuesday, pushed Comey’s arraignment to Sept. 30 and set the trial to begin Oct. 21, 2026, with pretrial motions due July 28 and responses due Aug. 18.
- A federal grand jury in the Eastern District of North Carolina indicted Comey in April on counts charging threats against the President (18 U.S.C. § 871(a)) and transmitting a threat in interstate commerce (18 U.S.C. § 875(c)).
- Prosecutors say the case rests on an 11‑month record that goes beyond the since‑deleted seashells Instagram post and they did not oppose the defense request for a continuance, though grand‑jury evidence remains sealed.
- Comey’s lawyers plan multiple motions seeking dismissal on First Amendment, vindictive‑prosecution and selective‑prosecution grounds and say some filings will depend on discovery the government must produce.
- The dispute centers on the meaning of '86 47' — with '86' known as restaurant slang to 'get rid of' and critics saying paired with '47' it was a veiled threat to President Trump — and legal analysts note the government must prove intent under Supreme Court 'true threat' precedent while reported potential prison terms vary across outlets.