Judge may cancel Comey hearing in Trump case

Summary

A North Carolina judge said she will cancel James Comey’s hearing if he files a waiver by Friday.

Why this matters

The ruling will determine whether Comey must appear again in North Carolina as the threat case moves forward. The case also tests how prosecutors apply federal threat statutes to a social media post.

A federal judge in North Carolina said she would cancel former FBI Director James Comey’s upcoming court appearance on charges of threatening President Donald Trump if he files a waiver by Friday.

U.S. District Judge Louise Flanagan said the hearing would proceed as scheduled if no waiver is filed. Flanagan, who was appointed by former President George W. Bush, issued the conditional ruling after Comey asked to call off the hearing because he already made an initial appearance last week in Alexandria, Virginia.

Comey argued that federal criminal procedure rules provide “for an initial appearance in the singular.” His attorneys said he was willing to execute any necessary waiver “to give the Court additional comfort if the Court so desires.” According to his attorneys, the Justice Department supported the request.

Comey faces two charges tied to a social media photo of seashells spelling “86 47,” which prosecutors said amounted to a threat on Trump’s life. The phrase “86” is commonly used as slang for removing or throwing out something or someone, and Trump is the 47th president.

After posting the photo in May, he said he believed the shells carried a “political message” but did not realize the numbers could be associated with violence. He later deleted the post.

The charges — making a threat against the president, and transmitting a threat in interstate commerce — require evidence that Comey “knowingly and willfully” issued a threat to “take the life of” Trump. Each charge carries a maximum sentence of five years in prison.

The case is the second criminal matter Comey has faced since Trump returned to the White House. He was fired as FBI director in 2017, and his dismissal became central to former special counsel Robert Mueller’s investigation into Russian interference in the 2016 presidential election.

Comey previously faced false statements and obstruction charges tied to his 2020 congressional testimony about leaks at the FBI. That case was dismissed over the unlawful appointment of the prosecutor, and the Trump administration has appealed. Comey’s initial appearance in the current case took place in the same Virginia courthouse.

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