Full Breakdown
Former FBI Director James Comey Seeks to Cancel North Carolina Court Appearance in Trump Threat Case
5/8/2026, 7:22:51 AM
Comey's Motion to Cancel North Carolina Hearing
On Thursday, former FBI Director James Comey asked a federal judge in Greenville, North Carolina to cancel his scheduled appearance, arguing it is unnecessary because he already surrendered in Alexandria, Virginia and appeared before a judge on the same charges. The Department of Justice filed a brief supporting the request. U.S. District Judge Louise Flanagan conditionally agreed to cancel the hearing, stating she will do so if Comey files a waiver by Friday; otherwise the appearance proceeds.
Charges and Legal Context
Last week a two-count indictment charged Comey with “knowingly and willfully” threatening President Donald Trump by posting an Instagram photo of seashells arranged as “86 47.” Prosecutors cite “86” as slang for “to throw out” and note a newer sense of “to kill.” The charges—making a threat against the president and transmitting a threat in interstate commerce—each carry a five-year maximum. The case follows a dismissed prosecution for false statements to Congress, thrown out after a judge ruled the prosecutor was illegally appointed.
Legal Implications
Prosecutors must prove Comey intended his Instagram post to “take the life of” President Trump. Each felony carries a five-year maximum and possible fines.
Official Responses
The Justice Department’s brief emphasized procedural efficiency. Acting Attorney General Todd Blanche said investigators have evidence beyond the Instagram post, though he offered no further detail. Comey maintains he believed the seashell arrangement reflected a political message, not a violent threat, and deleted the post after it attracted scrutiny.
Criticism
Legal scholars cited in the sources question whether the government can meet the high evidentiary bar required to prove a criminal threat from a symbolic image. They point to the ambiguous slang meaning of “86” and the lack of any direct statement indicating intent to harm.
Conflicting Information
Merriam-Webster defines “86” as “to throw out, to get rid of, or to refuse service to,” and notes a newer sense of “to kill” but does not endorse it. No public clarification has been provided on the additional evidence cited by Blanche, and Comey has not yet entered a plea.
Verbatim Quotes
- “for an initial appearance in the singular.” — James Comey, Former FBI Director
- “Bush, said she would cancel the initial appearance if Comey files a waiver for the hearing in the district by Friday.” — Judge Louise Flanagan, U.S. District Judge
- “Acting Attorney General Todd Blanche has said investigators have evidence beyond just the post itself.” — Todd Blanche, Acting Attorney General
- “knowingly and willfully” issued a threat to “take the life of” Trump. — Prosecutors, U.S. Attorney’s Office
Next Steps
Judge Flanagan will formally cancel the Greenville hearing if Comey submits the required waiver by Friday; otherwise the case proceeds on schedule. The indictment remains pending a plea, and any conviction could be subject to appeal.
