A federal judge has postponed disgraced former FBI Director James Comey’s trial on charges of threatening the life of President Donald Trump until early 2027, granting the defense additional time to prepare and allowing the court to consider several pending motions, including a request to dismiss the indictment.

U.S. District Judge Louise Flanagan of the Eastern District of North Carolina, a George W. Bush appointee, issued the order on September 25, after Comey’s attorneys requested another delay. The Justice Department did not oppose the request. Flanagan cited the seriousness of the charges, pending motions and the need to give defense counsel additional time to prepare. She also postponed Comey’s arraignment, previously scheduled for September 23, until January. Comey has not yet entered a plea, and the judge declined to set a new trial date.

“The gravity of the charges, pending motions, and the need to provide defense counsel additional time to prepare for trial promote need for continuance,” Flanagan wrote in her court order.

The case stems from an Instagram post Comey published in May 2025, featuring seashells arranged to spell out “8647.” Comey captioned the photograph, “Cool shell formation on my beach walk.” Prosecutors allege that the arrangement constituted a threat against Trump. The number “47” is widely understood as a reference to Trump, the 47th President of the United States, while “86” is commonly used as slang for removing or terminating someone. Federal prosecutors contend that the seashell combination amounted to a threat to kill or harm the president.

A federal grand jury in the Eastern District of North Carolina indicted Comey on two felony counts: knowingly and willfully threatening the life of, or inflicting bodily harm upon, the president; and transmitting a communication in interstate or foreign commerce containing a threat to kill the President.

Comey’s legal team, which Patrick Fitzgerald, a former U.S. attorney for the Northern District of Illinois, leads, has challenged the indictment on constitutional grounds, and sought additional time to review evidence and prepare its motions. Fitzgerald previously asked the court to postpone the trial until October, following an earlier tentative trial date of July 15. The defense later requested another extension, citing outstanding evidence and the complexity of its legal arguments.

In court filings, Fitzgerald said Comey planned to seek dismissal of the indictment, arguing that some motions would depend on evidence the government had yet to provide, and could require extensive briefing.

“Mr. Comey expects to file multiple motions on constitutional grounds seeking dismissal of the indictment. Some of these motions may be dependent upon the discovery to be produced by the Government, and may require extensive briefing,” Fitzgerald stated.

“Discovery is still forthcoming from the Government. For that reason, Mr. Comey respectfully requests that the Court extend the current scheduling deadlines, and set the following schedule for motions and arraignment,” he added.

Comey’s attorneys have also accused the prosecution of political retaliation, alleging that it reflects what they describe as Trump’s longstanding campaign to punish Comey for protected speech and personal animosity. The defense has separately challenged the credibility of a key witness, describing the individual as an estranged associate of the Comey family who allegedly expressed a desire to see Comey imprisoned.

The prosecution has also undergone a personnel change. Matthew Petracca, the lead prosecutor, left the case in May.

With the trial now postponed until early 2027, the court will first address the pending motions and other pretrial matters.

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