Comey's Arraignment Postponed Again Until January 2027
Judge Louise Flanagan pushed James Comey's arraignment to January 2027 and declined to set a trial date, citing pending motions and the need for more defense preparation time.
- 2 felony counts of threatening the president are pending against Comey.
- 3 times the arraignment has now been postponed since its original June date.
- 200,000 Instagram followers saw Comey's post, prosecutors say; secondary reach was in the millions.
- The lead prosecutor on the case left in May, according to reporting.
Why it matters: The central legal question is whether '86 47' constitutes a criminal threat or protected speech. Flanagan noted motions on vindictive and selective prosecution 'are now ripe for decision' before any trial proceeds.
- Comey posted the photo in May 2025 and removed it shortly after, saying he did not intend to promote violence.
- Prosecutors say Comey's wife texted him the definition of '86' two minutes before he posted, and that a text afterward included his remark: 'I'll be OK if it sells books.'
How 5 sources split on this story
Where they split: The core dispute is whether '86 47' is restaurant slang with no threatening meaning, as Comey's team argues, or an unambiguous call to harm the president, as prosecutors contend.
Center coverage, 1 sources: The center presents the delay as a procedural development, noting the judge's language and the sequence of postponements without emphasizing either side's broader argument.
Left coverage, 2 sources: The left frames the prosecution as politically motivated retaliation by Trump against a longtime adversary, emphasizing Comey's team's 'yearslong campaign' argument and legal experts' scrutiny of the case.
Right coverage, 2 sources: The right highlights the prosecution's evidence — the wife's pre-post text, Comey's book-sales comment, and the post's large reach — as context suggesting the charges have factual grounding.
What’s next: Flanagan must rule on dismissal motions before scheduling a trial; no date has been set.
- A separate Fourth Circuit appeal over Comey's earlier Virginia indictment was argued this month.
- Will Flanagan grant any of Comey's motions to dismiss on selective or vindictive prosecution grounds?
- How will the Fourth Circuit rule on the dismissed Virginia indictment, and does that outcome affect this case?