Comey Asks For 4-Month Delay of Trial in Trump Assassination Threat Case – DOJ Doesn’t Oppose

Embattled former FBI Director James Comey asked the court for a 4-month delay of the trial scheduled for next month in the Trump assassination threat case.

The Justice Department did not oppose Comey’s request.

Earlier this year, a grand jury from the Eastern District of North Carolina indicted Comey on two felony counts:

COUNT ONE: Knowingly and willfully make a threat to take the life of, and to inflict bodily harm upon, the President of the United States;

COUNT TWO: knowingly and willfully did transmit in interstate and foreign commerce a communication that contained a threat to kill the President, Donald J. Trump

Read the indictment here.

James Comey posted his threatening ‘8647’ Instagram post in May 2025.

“Cool shell formation on my beach walk,” Comey said.

’86 47′ is a threat to ‘eliminate/kill’ the 47th president.

In a court filing earlier this year, Comey’s lawyers asked Judge Louise Flanagan, a George W. Bush appointee, to push back the trial date to October.

The trial was previously tentatively scheduled for July 15.

Comey’s lead counsel, Patrick Fitzgerald, a former US Attorney for the Northern District of Illinois, told the judge that Comey will file motions seeking dismissal of the indictment:

“Mr. Comey expects to file multiple motions on constitutional grounds seeking dismissal of the indictment. Some of these motions may be dependent upon the discovery to be produced by the Government, and may require extensive briefing,” Fitzgerald wrote.

“Discovery is still forthcoming from the Government. For that reason, Mr. Comey respectfully requests that the Court extend the current scheduling deadlines, and set the following schedule for motions and arraignment,” he added.

On Monday, Comey’s lawyers asked for the October trial to be pushed back four months, and the Justice Department does not oppose the delay.

JUST IN: Former FBI Director James Comey asks for 4-month delay of trial set for next month on charges that he threatened President Trump’s life. DOJ does not oppose the delay! Doc: https://t.co/W43xsoZWUM

— Josh Gerstein (@joshgerstein) September 15, 2026