Former FBI Director James Comey will not appear in a North Carolina federal courtroom this Monday. A federal judge approved his request to cancel the scheduled initial appearance, provided his legal team files an official waiver by Friday, May 8.
This procedural shift happens against the backdrop of an unprecedented legal offensive by the Trump administration’s Justice Department against former intelligence officials. Comey faces two felony charges for allegedly threatening the 47th U.S. president.
Acting Attorney General Todd Blanche supported the waiver request. Comey had already surrendered to authorities last week. He completed a preliminary appearance before a federal judge near his home in Alexandria, Virginia, according to a detailed report by PBS NewsHour.
A federal grand jury indicted Comey in late April. The charges stem entirely from a deleted photograph. In May 2025, Comey posted an Instagram picture showing seashells arranged on a beach to spell “86 47.” Prosecutors claim the post was a calculated death threat. They argue “86” is established slang for killing or eliminating a target.
Comey completely denied the accusations. He maintained he simply found the shell arrangement on the sand. He assumed it was a standard political message and uploaded it. He deleted the photograph shortly after realizing some users interpreted it as a call to violence.
This is his second federal indictment in seven months. The Justice Department previously charged Comey with making a false statement to Congress. A judge dismissed that case late last year. The court ruled the prosecutor filing the charges had been illegally appointed, a history outlined in an analysis by the Indian Express. The current seashell prosecution marks a renewed effort after that initial historic DOJ move fell apart in court.
How the ’86 47′ Indictment Tests Supreme Court True Threat Precedent
Legal analysts view the Comey prosecution as a critical stress test for First Amendment protections online. The government faces a severe burden of proof following the 2023 Supreme Court ruling in Counterman v. Colorado.
Prosecutors cannot simply argue that a reasonable person might view the seashell photo as threatening. They must prove subjective intent. The Justice Department has to demonstrate Comey either actively intended to threaten Donald Trump or acted with reckless disregard for how the post would be perceived. Proving state of mind over an ambiguous photograph of beach debris presents a massive legal hurdle. The outcome of this trial will dictate how federal law enforcement prosecutes cryptic or deleted social media posts going forward.