Federal Judge Delays James Comey’s Trial Over Instagram Post

A federal judge has delayed the trial of former FBI Director James Comey until October. He faces federal charges for allegedly threatening President Donald Trump through an Instagram post. Comey’s attorneys are formulating several motions grounded in constitutional arguments, suggesting the case might be dismissed. Initially scheduled to start in July, the trial’s delay was not opposed by prosecutors and is now set for October 21.

The postponement provides Comey’s defense team with more time to question whether the Instagram post constituted a criminal threat or was protected under political speech, a crucial First Amendment issue. This dispute will likely influence the case before it goes to trial.

Comey’s involvement in political controversies began in the 2016 election. His management of the investigation into Hillary Clinton’s use of a private email server and his supervision of the early Russia investigation made him a central figure. Trump dismissed him in 2017.

The legal dispute centers on an Instagram post from May 2025. Comey shared a photo of seashells spelling out “86 47.” In restaurant slang, “86” signifies “to nix” or “get rid of,” and “47” allegedly referenced Trump as the 47th president. Prosecutors argue this message was a threat.

Comey later removed the post, claiming he was unaware “86” could imply violence. He intends to challenge the allegations, with his attorney asserting Comey’s “vigorous” denial. Legal experts suggest the charges might not withstand a First Amendment challenge.

District Judge Louise Wood Flanagan, nominated by President George W. Bush in 2003, has deferred the trial. Critics argue the indictment exemplifies the Trump administration using government power against its adversaries. Senator Mark Warner stated that justice should rely on evidence, not political grudges. Supporters argue Comey’s actions could constitute a threat rather than protected speech.

Acting Attorney General Todd Blanche emphasized the legal prohibition against threatening the President. He noted this is a decision determined by Congress, referencing statutes used regularly by the Justice Department.