Former FBI Director James Comey is seeking to delay his criminal trial on federal charges of threatening President Donald Trump, with his legal team preparing constitutional challenges aimed at dismissing the entire indictment.

Defense Requests October Trial Date

In a Wednesday court filing, Comey’s attorneys asked Judge Louise Flanagan of the Eastern District of North Carolina to postpone his trial from the tentatively scheduled July 15 date to October. Lead counsel Patrick Fitzgerald, who previously served as US Attorney for the Northern District of Illinois, told the court that Comey intends to file multiple constitutional motions seeking dismissal. Fitzgerald stated these motions may depend on government discovery materials still being produced and could require extensive legal briefing.

The defense team proposed a detailed timeline: pretrial motions by July 28, government responses by August 18, defense replies by September 1, with arraignment scheduled for October and trial date to be determined at that time. Judge Flanagan, appointed by President George W. Bush, will rule on the scheduling request.

Federal Charges Stem From Social Media Post

A grand jury indicted Comey on two felony counts related to an Instagram post he published in May 2025. The first count charges him with knowingly and willfully making a threat to take the life of and inflict bodily harm upon the President. The second count alleges he transmitted in interstate commerce a communication containing a threat to kill President Trump. The post showed a beach scene with shells arranged to form the numbers 8647, which prosecutors interpret as a coded threat meaning eliminate or kill the 47th president.

Constitutional Defense Strategy Emerges

Fitzgerald’s filing indicates Comey will mount a constitutional defense, likely challenging the charges on First Amendment grounds. The case raises questions about the boundaries of protected speech versus criminal threats. Comey faces up to 20 years in federal prison if convicted on both counts. The former FBI director, who led the bureau from 2013 until President Trump fired him in 2017, has not publicly commented on the charges. His legal team’s request for additional time signals a comprehensive legal strategy focused on constitutional arguments rather than factual disputes about the post itself.