A federal judge pushed James Comey’s arraignment and trial into 2027 while his motions to throw out the case still await a ruling.
U.S. District Judge Louise W. Flanagan granted the delay in an order filed Friday in the U.S. District Court for the Eastern District of North Carolina.
The order moves the former FBI director’s arraignment to January 2027. Comey had asked for trial sometime in February 2027, and Flanagan wrote that the court will set a trial date and filing deadlines after the arraignment if he pleads not guilty.
Comey filed the request on September 14 and waived his speedy trial rights to get it. According to the order, the government did not oppose the motion.
Comey was indicted in April on charges of threatening President Donald Trump and transmitting a threat in interstate commerce. The charges stem from a May 2025 Instagram photo of seashells arranged to spell “86 47,” which prosecutors say amounted to a threat against the president. Comey has denied the charges.
The delay leaves four defense motions from late July hanging over the case. Comey is seeking to dismiss the indictment for lack of a “true threat” and for “vindictive and selective prosecution.” He has also asked the court to disclose grand jury proceedings and to suppress evidence. That last motion comes with a request for a Franks hearing, which lets a defendant challenge the truthfulness of statements used to obtain a search warrant.
“Protracted briefing ensued,” Flanagan wrote. “The motions now are ripe for decision.”
Under federal law, a judge can pause the speedy trial clock if the “ends of justice” served by a delay outweigh the interest of the public and the defendant in a quick trial. Flanagan found that standard was met.
“The gravity of the charges, pending motions, and the need to provide defense counsel additional time to prepare for trial promote need for continuance,” she wrote.
The judge noted that prosecutors had been prepared to go forward on the existing timeline. Still, she read their lack of opposition as a concession.
“While ready to adhere to the current schedule, implicit in the government’s reported statement of no opposition here is its agreement that the ends of justice served by this continuance, for direct benefit of defendant, outweigh the interests of the public in a speedy trial,” Flanagan wrote.
This is the second time the schedule has slipped. After Comey waived his initial appearance in the district, the court set his arraignment for June 30 and his trial for July 15. Flanagan later granted an earlier unopposed request, which moved the arraignment to September 30 and the trial to October 21.
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