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Former FBI Director James Comey is scheduled to go on trial on October 21 over an Instagram photo of seashells, provided the case survives upcoming legal challenges. On Tuesday, U.S. District Judge Louise Flanagan set the trial date for the case, which stems from an April indictment by a federal grand jury in North Carolina. Prosecutors allege that the image, which showed seashells arranged to spell "8647," was a serious expression of intent to harm President Donald Trump.
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 date had originally been set for July, but the schedule was pushed back after Comey’s team requested more time last week, writing that some of their arguments “may require extensive briefing.”
Comey and his team are planning to file motions to dismiss the case based on the argument that it is a product of vindictive and selective prosecution, amongst other arguments. Flanagan noted Comey’s plans in her order on Tuesday.
If the case survives the expected motions to dismiss, Comey would appear for an arraignment on Sept. 30 at the federal courthouse in New Bern, North Carolina.
Comey’s team already beat back one federal case against him in the Eastern District of Virginia, with a judge finding that Trump loyalist Lindsey Halligan was never properly appointed when she went before a federal grand jury last year.
The Trump administration has faced unprecedented setbacks before federal grand juries, including when a federal grand jury in Washington rejected the administration’s attempt to indict six sitting Democratic lawmakers over a social media video.
