A federal judge has pushed back the criminal trial of former FBI Director James Comey until October as his legal team prepares a broad constitutional challenge to charges accusing him of threatening President Donald Trump through a controversial Instagram post featuring the phrase “86 47.”

The case centers on a 2025 social media image posted by Comey showing seashells arranged on a beach to form the numbers “86 47,” a message prosecutors claim constituted a threat against Trump, the nation’s 47th president.

Comey’s attorneys requested additional time to prepare what they described in court filings as “multiple motions on constitutional grounds,” arguing the case may ultimately be dismissed entirely before ever reaching a jury.

The trial had originally been scheduled for July, but federal prosecutors did not oppose delaying proceedings until Oct. 21.

The postponement gives Comey’s defense team several additional months to argue that the Instagram post represented protected political expression under the First Amendment rather than a criminal threat.

The legal fight is expected to center heavily on free speech issues and could become a major constitutional test case before trial proceedings formally begin.

Comey has remained one of the most polarizing figures connected to the Trump years dating back to the 2016 election cycle. He drew national attention over his handling of Hillary Clinton’s private email investigation and later became a central player in the early stages of the Russia probe before being dismissed by Trump in 2017.

The indictment stems from the now-deleted Instagram post Comey published in May 2025 featuring the phrase “86 47.”

Federal prosecutors argue the message carried threatening implications. The term “86” is commonly used slang meaning to remove, discard, or eliminate something, while “47” was interpreted as a reference to Trump’s presidency.

After intense backlash erupted online last year, Comey removed the image and publicly denied intending any threat toward Trump. He said at the time that he was unaware the phrase “86” could be interpreted as advocating violence.

The decision to postpone the trial was issued by U.S. District Judge Louise Wood Flanagan, who was appointed to the federal bench in 2003 by President George W. Bush.

The prosecution has also fueled broader political debate, with critics accusing the Trump administration of using the justice system to target political adversaries.

“Donald Trump has made clear that he intends to turn our justice system into a weapon for punishing and silencing his critics,” Virginia Sen. Mark Warner, a Democrat, said of the indictment after it was announced. “Our system depends on prosecutors making decisions based on evidence and the law, not on the personal grudges of a politician determined to settle scores.”

Supporters of the charges, however, argue that Comey crossed a legal line and that threatening language directed toward a sitting president cannot be shielded as political speech.

“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,” Acting Attorney General Todd Blanche said of the case in March. “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.”

{Matzav.com}