Former FBI Director James Comey’s federal case over an Instagram post featuring seashells arranged to read “86 47” has been pushed into 2027 as a federal judge considers defense motions seeking dismissal of the charges.

U.S. District Judge Louise Flanagan on Friday granted Comey’s request to postpone his arraignment, which had been scheduled for Sept. 30, until January 2027. The judge also declined to establish a new trial date while she considers the pending motions.

The government did not oppose the delay, according to the court order, although prosecutors have previously indicated that they were prepared to proceed under the original schedule.

“The gravity of the charges, pending motions, and the need to provide defense counsel additional time to prepare for trial promote need for continuance,” Flanagan wrote, according to the court order.

Comey’s attorneys had requested the postponement earlier this month, saying they had devoted substantial time to preparing motions seeking dismissal of the indictment. They said additional time would also be necessary to prepare for trial if those motions are rejected.

The defense had originally asked that the arraignment be moved to January and the trial to February. Attorneys argued that the case involves extensive pretrial litigation, review of discovery materials and possible evidentiary hearings.

The case stems from a May 2025 Instagram post in which Comey shared a photograph of seashells arranged in the sand to form the numbers “86 47.” The photograph was accompanied by the caption, “Cool shell formation on my beach walk.”

The Justice Department alleges that the post constituted a threat against President Donald Trump, the 47th president. Prosecutors argue that “86” can be understood as a phrase meaning to get rid of or eliminate someone.

A federal grand jury indicted Comey in April on two counts: threatening the president and transmitting a threat in interstate commerce.

The Justice Department said when announcing the indictment that the photograph could reasonably be interpreted as “a serious expression of an intent to do harm” to Trump. The charges carry a maximum potential sentence of 10 years in prison.

The department has also emphasized that an indictment is an accusation and that Comey is presumed innocent unless proven guilty.

Comey’s defense has mounted a broad challenge to the prosecution, arguing that the Instagram post was political expression protected by the First Amendment and did not constitute a legally prosecutable “true threat.”

In a motion filed in July, Comey’s attorneys argued that “86” generally means to get rid of or eject someone and that the phrase “86 47” was commonly used as a political slogan opposing Trump.

The defense further argued that even if the phrase could be interpreted as aggressive political rhetoric, a reasonable observer would understand the post as political hyperbole rather than a serious expression of Comey’s intent to harm the president.

Comey’s lawyers have also accused the Justice Department of selective and vindictive prosecution, arguing that the former FBI director was targeted because of his longstanding political conflicts with Trump.

The government has rejected that characterization.

Justice Department attorneys have argued that there was “no serious dispute” that Comey’s post could be understood as a threat against Trump and have defended the decision to prosecute him.

The government has also argued that the circumstances surrounding Comey’s post, including his subsequent conduct and statements, are relevant to determining whether the message constituted a threat.

The competing arguments leave Judge Flanagan to resolve several significant pretrial questions before the case can move forward.

Comey’s lawyers have filed multiple motions challenging the indictment and seeking additional information about the government’s investigation and grand jury proceedings.

The defense has also raised questions about surveillance conducted after the post and evidence obtained during the investigation. Those issues could require additional hearings before a trial takes place.

The latest delay comes as Comey is already fighting a separate federal prosecution brought during Trump’s second administration.

That case involved allegations that Comey lied to Congress about his handling of information related to the Russia investigation. It was dismissed after a judge ruled that the prosecutor who obtained the indictment had not been lawfully appointed.

The Justice Department has appealed that ruling, and the separate case remains part of the broader legal dispute surrounding the former FBI director.

Comey has remained a prominent political target of Trump dating back to the president’s first term, when Trump fired him as FBI director in 2017 amid the bureau’s investigation into Russian interference in the 2016 election.

For now, the immediate issue is whether the “86 47” case will proceed at all. Comey’s arraignment is now scheduled for January 2027, while no new trial date has been established.

The judge must first consider the defense motions seeking dismissal and other pretrial challenges before determining how the case will proceed.