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(The Hill) – A federal judge in North Carolina has tentatively agreed to cancel an upcoming court appearance for former FBI Director James Comey. This decision comes in response to Comey’s request, backed by the government, to dismiss the hearing linked to charges of threatening President Trump.
Comey argued that after already appearing in court in Alexandria, Virginia, last week regarding these allegations, another appearance is unnecessary. He referenced federal criminal procedure rules, which stipulate that an initial appearance should occur only once.
Judge Louise Flanagan, who was appointed by former President George W. Bush, stated that she would drop the scheduled appearance if Comey submits a waiver by Friday. Should he fail to provide this waiver, the hearing would proceed as planned.
In their filing, Comey’s legal team expressed his willingness to complete any required waiver to assure the court’s satisfaction, should it be necessary.
Comey’s attorneys noted that the Justice Department supports his request for canceling the hearing.
Comey faces two charges stemming from a photo of seashells he shared on social media that displayed the message “86 47,” which prosecutors now say amounted to a threat on Trump’s life. The phrase “86” is commonly used as slang for removing or throwing out something or someone, and Trump is the 47th president.
The former FBI director has not yet entered a plea but has denied any wrongdoing.
When he posted the photo last May, Comey said he assumed the shells were a “political message” but did not realize the numbers could be associated with violence. He later deleted the post.
The charges Comey faces — making a threat against the president and transmitting a threat in interstate commerce — require evidence that he “knowingly and willfully” issued a threat to “take the life of” Trump. They each carry a maximum possible sentence of five years in prison.
They are the second set of charges Comey has faced since Trump returned to the White House. The former FBI director is a longtime adversary of the president, since he was fired as FBI director in 2017 and that dismissal became central to former special counsel Robert Mueller’s investigation into Russian interference in the 2016 presidential election.
Comey previously faced false statements and obstruction charges stemming from 2020 testimony he gave Congress concerning leaks at the FBI. However, the case was dismissed over the unlawful appointment of the prosecutor who pursued them. The Trump administration has appealed.
The Virginia courthouse where Comey’s initial appearance took place was the same court in which his previous criminal case played out.