WASHINGTON, May 26 - A federal judge on Tuesday reset the trial date for former FBI Director James Comey to October 21, according to a court filing. The change follows notice from Comey’s attorneys that they plan to lodge a series of constitutional challenges in advance of any trial.
U.S. District Judge Louise Wood Flanagan issued the new date after receiving information that defense counsel expected to submit "multiple motions on constitutional grounds" seeking to have the charges dismissed. The court document specifies that those motions are due to be filed in July.
The case is scheduled to be heard in New Bern, North Carolina. The trial had previously been slated to begin in July before the court revised the calendar to push proceedings into the autumn.
Prosecutors have charged Comey with threatening harm to the president and with transmitting a threat across state lines. The allegation stems from a social media post in May 2025 in which Comey posted an image of seashells laid out to read the numerals "86 47." The number 47 corresponds to the officeholder identified by prosecutors as the sitting president, and "86" is a slang term that originated in the restaurant trade that can mean to run out of something or to "get rid of" someone or something.
Under the court schedule, the defense’s constitutionally based motions are expected in July, giving the judge time to rule on pretrial issues before the October trial date. The rescheduling reflects the prospect of pretrial litigation that the defense has signaled it will pursue.
What happened
- The trial date was moved to October 21 by U.S. District Judge Louise Wood Flanagan.
- Comey’s lawyers indicated they will file multiple constitutional motions aimed at dismissal; those filings are due in July.
- The charges relate to a May 2025 social media image of seashells arranged to show "86 47," alleged by prosecutors to constitute a threat to the president and to have been transmitted across state lines.
Legal posture going forward
The immediate procedural focus will be on the July filings from the defense and how the court rules on those motions. Should the judge decide to address and resolve constitutional questions prior to trial, that could affect whether the October date remains necessary for a full trial.