Balanced
Mar 29, 2026

Judge Assigned to Fired FBI Director James Comey’s Case

A federal judge has been assigned to preside over the case of fired FBI Director James Comey.

In late May, the U.S. Department of Justice issued new charges against Comey.

 

 

 

U.S. District Judge Louise W. Flanagan of the Eastern District of North Carolina has set Oct. 21 as a trial date in Comey’s case.

A federal grand jury in the Eastern District of North Carolina indicted Comey in April, alleging that the seashell image was “a serious expression of an intent to do harm to the President of the United States.”


 

 

Restaurant veterans have said “86” is “everyday lingo” that can mean an item has run out or should be removed from the menu.

The trial was to have been held in July, but the schedule was pushed back after Comey’s team last week asked for more time, saying some of their arguments “may require extensive briefing.”

 

 

 

Comey and his team plan to file motions to dismiss the case based on arguments including that it is a product of vindictive and selective prosecution. Flanagan referenced Comey’s plans in her order Tuesday.

If the case survives expected motions to dismiss, Comey would appear for an arraignment on Sept. 30 at the federal courthouse in New Bern, North Carolina.

Judge Flanagan, appointed by George W. Bush, is considered right-leaning, according to Ballotpedia.

Flanagan received a random case assignment after a grand jury indicted Comey on charges alleging that he threatened Trump by posting a photo on Instagram that featured seashells arranged in an “86 47” pattern in May 2024.

 

 

She has presided over thousands of cases throughout her tenure as an Article III judge. The U.S. Senate confirmed her as a federal district court judge in July 2003.

Before this, she served as a federal magistrate judge and worked at the law firm Sonnenschein Nath & Rosenthal in Washington, D.C., before it merged with Dentons, the ABA Journal reports.

In an interview last weekend, acting Attorney General Todd Blanche made it clear that Comey’s indictment was the result of a year-long investigation and had much more to it than his seashells photo posted to Instagram.

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