Former FBI Director James Comey appeared briefly in federal court on Wednesday after surrendering to law enforcement in connection with a new indictment accusing him of making a threat against President Donald Trump.
The hearing, held in the Eastern District of Virginia, lasted less than 10 minutes. Comey was allowed to leave without any conditions of release. Judge William Fitzpatrick said he saw no need to impose restrictions, noting that no such conditions had been set when the Justice Department previously pursued a case against Comey.
Comey, who wore a dark suit and entered the courtroom through a side entrance commonly used by defendants, did not speak during the proceeding. He was not asked to enter a plea.
The charges were filed in the Eastern District of North Carolina, but his initial appearance took place in Alexandria, Virginia, because it is closer to his residence. The case is expected to continue in federal court in New Bern, North Carolina. No date has yet been set for Comey’s arraignment there.
The indictment focuses on a social media post Comey made last May, showing seashells arranged on a beach in the numbers “86 47.” Comey captioned the image as a “cool shell formation” from a beach walk. The post quickly drew criticism from Republican officials and members of the Trump administration, who argued that the numbers could be interpreted as a threat against Trump, the 47th president of the United States. In slang, “86” can mean to remove, discard or get rid of something.
Comey’s legal team is expected to challenge the case aggressively. His attorneys told the court they plan to file motions arguing that the prosecution is selective and politically motivated.
The new indictment charges Comey with making a threat against the president and transmitting a threat in interstate commerce. The case comes amid renewed Justice Department action involving figures whom Trump has repeatedly accused of participating in what he describes as the political use of law enforcement against him.
Ellis Boyle, the U.S. attorney for the Eastern District of North Carolina, attended Wednesday’s hearing and is expected to oversee the case as it moves forward.
This is not the first recent legal action against Comey. Last year, the Justice Department brought a separate case accusing him of lying to Congress about disclosures to the press. That case was later dismissed after a federal judge ruled that the interim U.S. attorney who brought the charges in Virginia had been improperly appointed.
The latest case is likely to draw close attention, not only because of Comey’s long-running public feud with Trump, but also because it raises broader questions about political speech, intent and how federal authorities interpret online messages involving public officials.
