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Judge Delays James Comey Trump-Threat Trial To October 21

Judge Louise Wood Flanagan reset James Comey's federal trial to October 21, 2026, at a court hearing on May 26 in the case accusing him of threatening President Donald Trump.[1]

Prosecutors allege Comey's May 2025 Instagram post reading "86 47" amounted to a threat against the former president.[1] Defense attorneys told the court they will file multiple constitutional motions arguing the post is political speech and cannot be criminalized, and prosecutors did not oppose the continuance.[1]

A July trial date had been set previously, but defense lawyers asked for a delay to give them time to press constitutional challenges to the case.[1] The central question is whether political speech on social media can cross the line into a criminal threat under federal law.

  1. Fox News
Courts and Legal Trump-Era Investigations
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📌 Key Facts

  • On May 26, 2026, Judge Louise Wood Flanagan reset James Comey's trial to October 21, 2026, from an initial July date.
  • Comey faces federal charges alleging his May 2025 '86 47' Instagram post constituted a threat against President Donald Trump.
  • Defense attorneys told the court they will file multiple constitutional motions challenging whether the post can be criminalized or is protected political speech, and prosecutors did not oppose the continuance.

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