A federal judge in North Carolina conditionally agreed to cancel former FBI Director James Comey’s upcoming court appearance on charges of threatening President Trump at his request and with the government’s support.

Comey asked to call off the hearing because he already made an initial appearance in Alexandria, Va., last week over the allegations. He said that federal criminal procedure rules provide “for an initial appearance in the singular.”

U.S. District Judge Louise Flanagan, an appointee of former President George W. Bush, said she would cancel the initial appearance if Comey files a waiver for the hearing in the district by Friday. She said the hearing would proceed as scheduled if no waiver is filed.

In Comey’s initial request, his attorneys said he would be willing to execute any necessary waiver “to give the Court additional comfort if the Court so desires.”

The Justice Department backed the request, according to Comey’s attorneys.

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.

Copyright 2026 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

For the latest news, weather, sports, and streaming video, head to The Hill.