Former FBI Director James Comey is scheduled to stand trial on October 21. The case concerns a photo he posted on Instagram showing seashells arranged in the number ‘8647.’ A federal grand jury in North Carolina indicted Comey in April for allegedly using the image as a threat to then-President Donald Trump.
Judge Louise Flanagan, of the U.S. District Court, set the trial date while highlighting Comey’s intentions to challenge the indictment. Comey’s legal team plans to argue that the case results from vindictive and selective prosecution.
The number ’86’ in the arrangement has caused controversy. In restaurant terminology, ’86’ implies that an item is unavailable or should be taken off the menu. On September 30, if motions to dismiss are unsuccessful, Comey will appear for an arraignment in New Bern, North Carolina.
Comey’s team previously succeeded in dismissing a federal case in Virginia. The judge found the Trump official involved was not correctly appointed. Additionally, the Justice Department alleges Comey’s post constituted a threat to Trump.
Pretrial motions for the North Carolina trial are due by July 28, with responses required by August 18. Replies must be submitted by September 1. The Trump administration has faced obstacles with federal grand juries. These include a failed attempt to indict six Democratic lawmakers in Washington and criticisms of the U.S. Attorney’s Office in Illinois for its handling of a case involving anti-ICE protesters.

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