Judge grants James Comey's request to delay his seashell trial
Source: ABC News
May 26, 2026, 11:03 AM
A federal judge on Tuesday granted former FBI Director James Comey's request to delay his criminal trial for allegedly threatening to kill President Donald Trump by posting a photo of seashells. U.S. District Judge Louise Wood Flanagan scheduled the trial to begin on Oct. 21.
The former FBI director's arraignment is scheduled for Sept. 30. Prosecutors did not object to the request to delay the proceedings.
Comey was charged with threatening to kill Trump by posting a photo on Instagram of seashells on a beach arranged in the numbers "86 47." Citing the slang meaning of "86" as to "nix" or "get rid" of something, allies of the president allege that the post was a veiled threat against Trump, who is the 47th president. Following backlash over the post, Comey removed the photo from Instagram and said he was unaware that the post could be associated with violence.
Critics of Trump say the indictment is another effort by the administration to punish the president's perceived enemies after a judge last year threw out an indictment against Comey on unrelated charges.
Read more: https://abcnews.com/US/judge-grants-james-comeys-request-delay-seashell-trial/story?id=133314585
rampartd
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(182,843 posts)In a case unrelated to James Comeys, a judge said its difficult to fathom how a flag bearing those numbers could be seen as a true threat.
Ruling in â8647â civil protest case signals strength of James Comeyâs criminal defense
— Karen (Harris/Walz Alaskan Democrat) (@danceswithseagulls.bsky.social) 2026-06-02T20:19:32.221Z
"In a case unrelated to James Comeyâs, a judge said itâs âdifficult to fathomâ how a flag bearing those numbers could be seen as a âtrue threat.â"
www.ms.now/deadline-whi...
https://www.ms.now/deadline-white-house/deadline-legal-blog/james-comey-seashells-post-instagram-8647-ruling-civil-case
The indictment looked weak when the DOJ brought it in April. More than anything, it looked like the latest attempt to prosecute one of the presidents political targets, after a previous indictment against Comey was dismissed in Virginia.
Regardless of the administrations motivations, a new ruling in an unrelated case shows the difficulty the DOJ faces in its latest Comey prosecution.
That ruling came Monday, when a federal judge in Washington sided with a group that wanted to protest the administration with a flag displaying 8647. U.S. District Judge Randolph Moss wrote that it was difficult to fathom how the government could have concluded that a reasonable observer would view the flag as a true threat. The Obama-appointed judge noted that the term 86 is used far more often to mean throw out than kill......
He noted that the 86 term comes from 1930s soda-counter slang meaning that an item was sold out and that it may have been used because it rhymes with nix.
The judge emphasized that context is key when evaluating whether the numbers can amount to a true threat. Analyzing the case before him, he wrote that the relevant context makes clear that no reasonable observer could have viewed Plaintiffs display of the flag as a threat to the Presidents life or physical safety.....
Viewed through that lens, its difficult to fathom, to use the judges phrase, how an Instagram post of seashells in the sand can clear the high bar of criminal culpability.
This case is not directly binding but will be cited in the Comey case. The Comey case will never make it to a jury. I was amused to see that the lead attorney on this case has resigned from this case. https://democraticunderground.com/100221274283