Former FBI Director James Comey will no longer have to make an upcoming court appearance in North Carolina after a federal judge agreed to cancel the hearing tied to charges that he threatened President Donald Trump through a controversial social media post.
U.S. District Judge Louise Flanagan conditionally approved Comey’s request to waive the appearance after his attorneys argued he had already made an initial court appearance last week in Alexandria, Virginia.
Comey surrendered to authorities during that appearance, was formally read his rights, and did not enter a plea.
His legal team argued that federal criminal procedure rules provide “for an initial appearance in the singular,” making another hearing unnecessary. Prosecutors with the Department of Justice reportedly supported the request.
Judge Flanagan ruled that the North Carolina hearing would be canceled if Comey filed the required waiver by Friday. Otherwise, the hearing would proceed as scheduled.
The former FBI chief is facing two federal charges tied to a May 2025 Instagram post showing seashells arranged to read “86 47” — a message prosecutors say amounted to a threat against Trump’s life.
According to prosecutors, the phrase “86” is widely understood as slang for eliminating or getting rid of someone, while “47” refers to Trump, the 47th president.
The charging document alleges:
“On or about May 15, 2025, in the Eastern District of North Carolina, the defendant, JAMES BRIEN COMEY JR, did knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States, in that he publicly posted a photograph on the internet social media site Instagram which depicted seashells arranged in a pattern making out ‘86 47,’ which a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to the President of the United States.”
Comey has fiercely denied the accusations and claimed the prosecution is politically motivated.
When the image was first posted, Comey later said he believed the shells represented a “political message” and claimed he did not realize the numbers could be interpreted as encouraging violence. He eventually deleted the post.
The longtime Trump rival responded to the indictment in a video statement, insisting he has done nothing wrong.
“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,” Comey said.
“But it’s really important that all of us remember that this is not who we are as a country, this is not how the Department of Justice is supposed to be.”
The charges — threatening the president and transmitting a threat in interstate commerce — each carry a maximum possible prison sentence of five years. Prosecutors would need to prove Comey “knowingly and willfully” threatened to “take the life of” Trump.
The case marks yet another chapter in the bitter feud between Trump and the former FBI director, whom Trump fired in 2017 during the early stages of the Russia investigation led by former Special Counsel Robert Mueller.
It is also the second criminal case Comey has faced since Trump returned to the White House.
Comey was previously charged with false statements and obstruction tied to his 2020 congressional testimony about FBI leaks. That case was ultimately dismissed after a court found the prosecutor’s appointment unlawful, though the Trump administration has appealed the decision.
