Overview
- Comey’s lawyers filed an unopposed motion on Wednesday to push his arraignment to the October 2026 term and to extend pretrial deadlines so they can prepare multiple constitutional motions and review discovery.
- The indictment in the Eastern District of North Carolina charges Comey under 18 U.S.C. § 871(a) and 18 U.S.C. § 875(c) for threatening President Trump and transmitting a threat in interstate commerce, offenses that carry up to 10 years in prison.
- Defense lawyers say they will seek dismissal on First Amendment grounds, arguing the since-deleted 2025 Instagram photo of seashells arranged as “86 47” was political expression rather than a serious intent to harm.
- Prosecutors told the court they do not oppose the proposed schedule; the Justice Department says a grand jury found probable cause and has indicated there may be evidence beyond the photo but has not detailed that material publicly.
- The case follows a dismissed Comey indictment from last year over an unlawfully appointed prosecutor, a fact that has intensified public debate about DOJ impartiality and could affect how courts and prosecutors handle ambiguous social-media speech going forward.