Comey learns fate of bid to delay trial over '86 47' seashell post at center of Trump threat case

Comey's attorneys are preparing "multiple motions on constitutional grounds" that they argue could lead to the case being thrown out, according to their motion filed earlier in May. The trial was initially set to begin in July, and prosecutors did not object to the schedule change to Oct. 21. 

The delay gives Comey's defense team more time to challenge whether the post amounted to a criminal threat or protected political speech, a First Amendment fight likely to shape the case before it reaches a jury.

Comey has been a central figure in Trump-era political fights since the 2016 election, from his handling of former Secretary of State Hillary Clinton's private email investigation to his role overseeing the early Russia probe before Trump fired him in 2017. 

"86" is common restaurant slang for "nix" or "get rid of. Prosecutors allege that Comey's post amounted to a threat, as it was paired with "47," a reference to Trump's tenure as the 47th president. 

"Donald Trump has made clear that he intends to turn our justice system into a weapon for punishing and silencing his critics," Virginia Sen. Mark Warner, a Democrat, said of the indictment after it was announced. "Our system depends on prosecutors making decisions based on evidence and the law, not on the personal grudges of a politician determined to settle scores."