Comey Asks Judge to Postpone Trial Date as Legal Team Prepares to File Motions Seeking Dismissal of Indictment

Embattled former FBI Director James Comey asked a judge to postpone his trial date as his legal team prepares to file motions seeking dismissal of the charges.

A grand jury from the Eastern District of North Carolina indicted him on two felony counts:

COUNT ONE: Knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States;

COUNT TWO: knowingly and willfully did transmit in interstate and foreign commerce a communication that contained a threat to kill the President, Donald J. Trump

Read the indictment here.

James Comey posted his threatening ‘8647’ Instagram post last May.

“Cool shell formation on my beach walk,” Comey said.

’86 47′ is a threat to ‘eliminate/kill’ the 47th president.

In a court filing on Wednesday, Comey’s lawyers asked Judge Louise Flanagan, a George W. Bush appointee, to push back the trial date to October.

Earlier this month Judge Flanagan tentatively scheduled Comey’s criminal trial for July 15.

Comey’s lead counsel, Patrick Fitzgerald, a former US Attorney for the Northern District of Illinois, told the judge that Comey will file motions seeking dismissal of the indictment:

“Mr. Comey expects to file multiple motions on constitutional grounds seeking dismissal of the indictment. Some of these motions may be dependent upon the discovery to be produced by the Government, and may require extensive briefing,” Fitzgerald wrote.

“Discovery is still forthcoming from the Government. For that reason, Mr. Comey respectfully requests that the Court extend the current scheduling deadlines, and set the following schedule for motions and arraignment,” he added.

Here is the proposed schedule:

Pretrial motions deadline: 28 July 2026
Deadline for responses: 18 August 2026
Deadline for replies: 1 September 2026
Arraignment: October 2026 term of court
Trial: Date to be set at time of arraignment

Comey is facing up to 20 years in prison.

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