A federal trial for former FBI Director James Comey has been rescheduled for October 21, following a decision by U.S. District Judge Louise Wood Flanagan on Tuesday. The proceeding, now set to take place in New Bern, North Carolina, had previously been listed to start in July.
Courtroom activity accelerated after Comeys defense notified the court of plans to submit multiple motions in July that raise constitutional arguments seeking dismissal before a trial occurs. In response, Judge Flanagan adjusted the calendar to allow time for the pretrial filings and related briefing.
The indictment alleges that Comey threatened harm to the president and transmitted a threat across state lines. Prosecutors point to a May 2025 social media post in which Comey displayed seashells arranged to form the sequence "86 47." The government interprets the arrangement as a threatening communication aimed at President Donald Trump, who is identified in the indictment as the 47th U.S. president. The numeric component "86" is noted in the charging documents as restaurant-industry slang that can mean to run out of something or to get rid of something.
The charges are limited to the content and alleged interstate transmission of the social media post. With the defense preparing constitutional challenges, the immediate procedural focus will be on pretrial motions rather than on evidentiary hearings or jury selection, at least until the court resolves whether any constitutional grounds require dismissal or narrowing of the case.
Case status and next steps
- The trial date is moved to October 21 and will be held in New Bern, North Carolina.
- Comeys legal team plans to file multiple constitutional motions in July seeking dismissal prior to trial.
- Charges against Comey allege threatening the president and transmitting a threat across state lines based on a May 2025 social media post featuring seashells arranged as "86 47."
The courts scheduling change reflects the immediate need to address the anticipated pretrial constitutional filings. Until the motions are filed and the court issues rulings, the litigation timeline remains contingent on the pace of pretrial litigation.