Full Breakdown
Former FBI Director James Comey Seeks to Cancel North Carolina Hearing in Trump Threat Case
5/8/2026, 7:25:09 AM
Comey Seeks to Cancel North Carolina Hearing
James Comey asked Judge Louise W. Flanagan to cancel his appearance in Greenville, North Carolina. The judge will dismiss the hearing if Comey files a waiver by Friday; Justice Department supports the request.
Background & Timeline
A grand jury in Eastern District of North Carolina indicted Comey on April 28, 2026 for “knowingly and willfully” threatening President Donald Trump with an Instagram photo of seashells spelling “86 47.” Image was posted on a North Carolina beach in May 2025, removed after criticism, and Comey surrendered in Virginia the following week. Case was transferred to the Eastern District, prompting the motion to cancel the hearing there.
Key Participants
Key participants are James Comey, President Donald Trump, Acting Attorney General Todd Blanche, Judge Louise W. Flanagan, Comey’s legal team, and the Department of Justice.
Charges and Penalties
The indictment includes two felonies—making a threat against the president and transmitting a threat in interstate commerce—each carrying up to five years. Prosecutors say “86,” slang for “to remove or discard,” combined with “47” (Trump’s number) signals a threat.
Why It Matters
The case tests the line between protected speech and criminal threats when slang is read as violent, highlighting DOJ’s willingness to pursue figures and raising concerns about enforcement.
Official Statements
The Justice Department brief said appearance satisfied procedural rules, and Acting Attorney General Blanche said investigators have “evidence beyond the Instagram post.” Judge Flanagan will cancel the hearing if a waiver is filed. Comey’s lawyers offered to sign a waiver “to give Court comfort if Court so desires.” President Trump and Donald Trump Jr. called the seashell image a threat, saying “86” is a mob term for killing.
Conflicts
Sources differ on whether “86” unequivocally means “kill” or merely “remove.” No details have been released about the grand jury’s evidence beyond the photo, leaving a gap in understanding prosecution’s case.
Verbatim Quotes
- “I’m still innocent. I’m still not afraid, and I still believe in the independent federal judiciary,” — James Comey, Substack video
- “It never occurred to me but I oppose violence of any kind so I took the post down,” — James Comey, Instagram statement
- “I am not permitted to get into the details of what the grand jury heard or found, as you know, but rest assured that it’s not just the Instagram post that leads somebody to get indicted,” — Acting Attorney General Todd Blanche
- “86 him. That means kill him,” — President Donald Trump
Next Steps
Comey must file a waiver by Friday to cancel Greenville hearing. If no waiver is filed, the appearance proceeds as scheduled, leading to arraignment and trial on two felony counts.
