Former FBI Director James Comey is asking a federal judge to cancel his scheduled Monday court appearance in North Carolina, arguing the hearing is redundant since he has already surrendered to authorities in Virginia on charges stemming from an alleged threat against President Donald Trump.
Federal prosecutors filed a two-count criminal indictment against Comey last week, accusing him of “knowingly and willfully” making threats against Trump through an Instagram photograph showing seashells arranged to form the numbers “86 47.”
According to the indictment, investigators believe the image was intended as a threat against Trump, who serves as the nation’s 47th president. Comey maintains he discovered the shell formation on a beach and viewed it as political commentary rather than incitement to violence, adding that he deleted the post after realizing some viewers interpreted it as threatening.
Defense attorneys filed paperwork Thursday requesting the cancellation of Monday’s hearing in Greenville, North Carolina federal court. They emphasized that Comey has already completed the surrender process and appeared before a Virginia judge near his residence, with Justice Department officials agreeing to the request.
This marks the second criminal case Trump’s Justice Department has initiated against Comey, who has long been viewed as an opponent by the Republican president. A previous unrelated case charging Comey with providing false testimony to Congress was thrown out after a judge determined the prosecutor lacked proper appointment authority.
Several legal analysts have raised doubts about whether prosecutors can satisfy the demanding burden of proof required to show Comey genuinely intended his social media post as a threat. Acting Attorney General Todd Blanche claims investigators possess additional evidence beyond the Instagram image alone, though he has declined to provide specifics.
The Merriam-Webster dictionary, which The Associated Press uses as its standard reference, defines “86” as slang meaning “to throw out,” “to get rid of” or “to refuse service to.” The dictionary notes that while the term has recently been extended to mean “to kill,” this definition is not officially included due to its limited and recent usage.
