Judge sets NC trial date in case accusing James Comey of threatening Trump

Virginian Bridges, The News & Observer on May 8, 2026

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

The hearing expected to bring former FBI Director James Comey to a North Carolina courtroom Monday is no longer happening. But the legal fight surrounding the federal felony charges is just getting started.

Comey was set to appear in federal court in Greenville, but that hearing was canceled after he successfully requested to waive the hearing on Thursday.

On Friday, U.S. District Court Judge Louise Flanagan outlined a series of deadlines that could lead to a July jury trial.

Flanagan ordered the attorneys to conduct a pre-trial conference by May 29. All pre-trial motions should be filed by June 5 and responses by June 15, the order states.

Flanagan set an arraignment hearing, in which Comey would plead guilty or not guilty, for June 30. The trial was set for July 15.

While the judge has set an initial timeline, it’s fairly common for the dates in federal criminal cases to be adjusted as the case moves forward, said attorney and N.C. Central University law professor Scott Holmes.

It depends on the amount of evidence and other logistical issues that arise, but the case appears to involve relatively straightforward legal issues, he said.

“I could imagine that they might stick to this schedule, but who knows depending on what it is that the government” tries to introduce for evidence, Holmes said.

About the indictment

On April 28, a North Carolina grand jury agreed that the government had probable cause to charge Comey with two federal charges. The charges — threatening the president and transmitting the threat across state lines — each carry a maximum sentence of five years in prison.

On May 15, 2025, Comey said he found seashells arranged in the shape of “86 47” during a walk on a North Carolina beach.

The Merriam-Webster Dictionary defines “86” as slang for refusing or banning a customer; removing an item from a menu; or rejecting, discontinuing or getting rid of something. Forty-seven refers to Trump serving as the 47th president.

Some criticized Comey’s post, including Donald Trump Jr., saying the post called for his father to be “murdered,” CNN reported.

Comey deleted the Instagram post later that day, saying he thought the message was political and didn’t realize some people associated the phrase “86” with violence. Comey’s Instagram account has over 198,000 followers.

“It never occurred to me but I oppose violence of any kind so I took the post down,” Comey wrote.

Trump has said that 86 is a mob term for murder.

“86 him. That means kill him,” Trump said recently.

_____