A federal judge on Friday set a criminal trial date for former FBI Director James Comey over allegations that a social media post containing the phrase “86 47” spelled out using seashells amounted to a threat against President Donald Trump.
In a written order issued Friday, U.S. District Judge Louise Flanagan in North Carolina scheduled the trial to begin on July 15 and agreed to postpone Comey’s first appearance, which had originally been set for Monday. Instead, Comey is now expected to enter a not guilty plea on June 30.
Flanagan also directed Comey’s attorneys to file any motions to dismiss and other pretrial challenges by June 5, after defense lawyers previewed plans to argue the case amounts to a selective and vindictive prosecution. A pretrial conference is scheduled to occur on or before May 29.
The longtime Trump adversary faces two criminal charges stemming from a since-deleted Instagram post last May showing seashells arranged to display the numbers “86 47” alongside the caption, “Cool shell formation on my beach walk.”
Trump allies and administration officials argued the message amounted to a veiled threat against the president, citing the slang use of “86” to mean getting rid of or eliminating someone or something. Trump is the 47th president of the United States.
Comey later removed the post and denied any violent intent.
“I posted earlier a picture of some shells I saw today on a beach walk, which I assumed were a political message,” Comey wrote afterward. “I didn’t realize some folks associate those numbers with violence. It never occurred to me but I oppose violence of any kind so I took the post down.”
The prosecution marks a renewed effort by the Trump administration to pursue criminal charges against one of the president’s most prominent critics after a judge last year dismissed a separate indictment against Comey on unrelated allegations.
JUDGE TO CANCEL SECOND COMEY COURT APPEARANCE AT REQUEST OF HIS LAWYERS
Comey initially appeared in federal court in Virginia on April 29, shortly after the new charges were filed. His lawyers later asked to cancel Monday’s arraignment in North Carolina on the grounds that the initial appearance had already occurred. Prosecutors did not oppose the request, and Flanagan granted it.
Flanagan, who serves in New Bern, North Carolina, was appointed to the federal bench by former President George W. Bush.