A federal judge has decided to delay the trial of former FBI Director James Comey until October. This is in response to charges that he may have threatened President Donald Trump through an Instagram photo he posted back in 2025, which is titled “86 47.” It’s a bit unusual—Comey doesn’t seem to think of it as a threat.
According to a motion filed in early May, Comey’s legal team is working on several motions based on constitutional issues that could potentially lead to the case being dismissed. Originally, the trial was set for July, but prosecutors agreed to move it to October 21st, which is a bit of a surprise.
This delay gives his lawyers extra time to sort through whether the post should be seen as a criminal threat or simply protected political speech. It’s interesting, really, because how the jury interprets this could significantly affect how the trial unfolds.
Comey has been part of many political controversies since the 2016 election. His involvement in the investigation of former Secretary of State Hillary Clinton’s emails and his oversight of the early stages of the Russia inquiry have kept him in the spotlight. He was fired by Trump back in 2017, and it seems like his connections to these issues swirl around him even now.
The charges against him relate to that Instagram post from May 2025, where he shared a picture of seashells that revealed the message “86 47.” The number “86” is often used in restaurants to mean “removal” or “to exclude,” and prosecutors argue that combining it with “47,” a nod to Trump being the 47th president, suggests a hidden threat.
After facing backlash last year, Comey deleted the post. He claimed he wasn’t aware that “86” could be interpreted as inciting violence and insisted he never intended it as a threat, which raises some eyebrows, to be honest.
Legal experts are saying that the indictment could face serious First Amendment challenges, and it will be interesting to see how that unfolds in court. District Judge Louise Wood Flanagan, who has been on the federal bench since 2003, is overseeing the situation.
Critics of Trump believe this indictment is an example of the administration using the legal system to target opponents. Democratic Senator Mark Warner expressed concern, arguing that Trump aims to manipulate the justice system against his critics.
On the other hand, supporters of the indictment contend that Comey’s actions step over the line from protected speech into the realm of illegal threats. Acting Attorney General Todd Blanche commented on the matter earlier this year, emphasizing that threats against the President are unacceptable and that it’s a decision guided by laws enacted by Congress.
