- July 1, 2026
- Updated 2:38 am
James Comey Facing Trial Over Controversial Instagram Post
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- May 26, 2026
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Former FBI Director James Comey is set to appear in court this October. The trial will commence on October 21, depending on the outcome of pending legal challenges. U.S. District Judge Louise Flanagan scheduled the date in relation to a photo Comey posted on Instagram. This image displayed seashells arranged in the pattern ‘8647.’ The federal grand jury in the Eastern District of North Carolina indicted him in April. They claim the photo represents a ‘serious expression of an intent to do harm to the President of the United States.’
The number ’86’ is known in restaurant circles as a term indicating something has run out or should be removed. Comprising part of the number in the photo, it fueled the allegations against Comey. In response, Comey and his legal team plan to file motions to dismiss the case. They argue it is a result of vindictive and selective prosecution. Judge Flanagan acknowledged these intentions in her order.
If the motion to dismiss does not succeed, Comey will attend an arraignment on September 30 at the federal courthouse in New Bern, North Carolina. He has previously overcome another federal case. The previous attempt occurred in the Eastern District of Virginia, where a judge ruled in Comey’s favor. It was determined that Lindsey Halligan, a Trump supporter, had not been properly appointed during a previous grand jury session.
The Trump administration has encountered various setbacks with federal grand juries. One notable case involved a grand jury in Washington rejecting attempts to indict six Democratic lawmakers over a social media video. Additionally, a judge in Chicago criticized the U.S. Attorney’s Office for actions in a case against anti-ICE protesters. Prosecutors were accused of improperly swaying the grand jury.
Comey’s case has set a timeline for pretrial motions. These are due by July 28, with responses required by August 18. Replies to these motions are expected by September 1.