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Comey's '86 47' Seashells Case Pushed to 2027 as Judge Grants Defense a Delay

The former FBI director's trial over a since-deleted Instagram photo will now begin in February — four months later than planned — after his lawyers said they needed more time to prepare.

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BY OBSERVER NEWSDESK

The Weekly Observer

SEP 27, 2026 · 4 MIN READ
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Comey's '86 47' Seashells Case Pushed to 2027 as Judge Grants Defense a Delay
James Comey's official FBI portrait from his tenure as director. (FBI, public domain)

Former FBI Director James Comey's criminal trial has been pushed back to 2027 after a federal judge granted his defense team's request for a continuance, according to court filings reviewed by multiple outlets.

U.S. District Judge Louise W. Flanagan approved the delay, moving Comey's arraignment in New Bern, North Carolina — previously set for September 30 — to January 2027, with trial now expected to begin in February rather than this October. In her order, Flanagan wrote that "the gravity of the charges, pending motions, and the need to provide defense counsel additional time to prepare for trial" justified the delay. Prosecutors did not oppose the request.

The Case

Comey was indicted in April 2026 on two federal charges after posting a photo to Instagram showing seashells arranged on a beach to spell out "86 47." Prosecutors argued the post amounted to a threat against President Trump, reading "86" as slang for removal and "47" as a reference to the current president. Comey deleted the post and said he had not intended it as a threat, telling reporters at the time he was unaware the numbers carried that connotation for some readers until he received a message from an estranged relative reacting to it.

Comey's attorneys have spent much of the summer pursuing motions to dismiss the case, including arguments that the prosecution is selective and vindictive, targeting him because of his past clashes with Trump dating to his 2017 firing as FBI director and his role in the Russia investigation. Judge Flanagan has not yet ruled on those motions, which will now be argued well before the rescheduled trial date.

The delay is the latest twist in a case that has drawn sustained attention as a test of how the Justice Department pursues perceived critics of the president. With arraignment now four months away, Comey remains free pending trial, and no additional hearings have yet been scheduled.

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