• Video
  • Shop
  • Culture
  • Family
  • Wellness
  • Food
  • Living
  • Style
  • Travel
  • News
  • Book Club
  • Newsletter
  • Privacy Policy
  • Your US State Privacy Rights
  • Children's Online Privacy Policy
  • Interest-Based Ads
  • Terms of Use
  • Do Not Sell My Info
  • Contact Us
  • © 2026 ABC News
  • News

Judge grants James Comey's request to delay his seashell trial

3:29
James Comey talks new book 'Red Verdict'
J. Scott Applewhite/AP
ByPeter Charalambous and Alexander Mallin
May 26, 2026, 3:03 PM

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.

Related Articles

James Comey responds to indictment, Trump's 'anti-weaponization' fund for allies

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.

Former FBI Director James Comey speaks to reporters on Capitol Hill Washington, Dec. 17, 2018.
J. Scott Applewhite/AP

"Well, they're back. This time about a picture of seashells on a North Carolina Beach a year ago," Comey said in a video posted online after the seashell indictment was unsealed. "And this won't be the end of it, but nothing has changed with me. I'm still innocent, I'm still not afraid, and I still believe in the independent federal judiciary, so let's go."

At a press conference announcing the charges last month, acting Attorney General Todd Blanche argued that Comey's post crossed the line between First Amendment-protected speech and speech that warrants prosecution. 

"It's not a very difficult line to look at, and it's not, in my mind, a difficult line for one to cross over, one way or the other," Blanche said. "We cannot, you are not allowed to threaten the President of the United States of America. That's not my decision. That's Congress's decision, and a statute that they passed that we charge multiple times a year." 

Up Next in News—

Florida man sues Carnival over alleged burns from hot pool deck

May 27, 2026

FIFA subpoenaed over World Cup ticketing practices, pricing

May 27, 2026

Woman loses thousands to scammer using what she suspects was AI voice mimicking daughter

May 26, 2026

Couple recounts close encounter with shark while kayaking

May 26, 2026

Shop GMA Favorites

ABC will receive a commission for purchases made through these links.

Sponsored Content by Taboola

The latest lifestyle and entertainment news and inspiration for how to live your best life - all from Good Morning America.
  • Contests
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Info
  • Children’s Online Privacy Policy
  • Advertise with us
  • Your US State Privacy Rights
  • Interest-Based Ads
  • About Nielsen Measurement
  • Press
  • Feedback
  • Shop FAQs
  • ABC News
  • ABC
  • All Videos
  • All Topics
  • Sitemap

© 2026 ABC News
  • Privacy Policy— 
  • Your US State Privacy Rights— 
  • Children's Online Privacy Policy— 
  • Interest-Based Ads— 
  • Terms of Use— 
  • Do Not Sell My Info— 
  • Contact Us— 

© 2026 ABC News