James Comey’s seashells photo trial set for October

Justice DepartmentJames Comey’s seashells photo trial set for OctoberThe former FBI director, a frequent Trump foe, is expected to move to get the case dismissed on the grounds that it is a product of selective and vindictive prosecution.Listen to this article with a free account00:0000:00Add NBC News to GoogleJames Comey urges Todd Blanche to ‘bone up’ on legal rules amid indictment: Full interview12:28Get more newsLiveonShareAdd NBC News to GoogleMay 26, 2026, 11:43 AM EDTBy Ryan J. ReillyFormer FBI Director James Comey will go on trial in October over a photo he posted of seashells, provided the Trump administration’s case against him survives forthcoming legal challenges.Subscribe to read this story ad-free Get unlimited access to ad-free articles and exclusive content.In an order on Tuesday, U.S. District Judge Louise Flanagan set Oct. 21 as a trial date in Comey’s case, which revolves around a photo he posted on Instagram showing seashells in the formation of “8647.” 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. 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 Justice Department has accused James Comey of t...