No friend of the court briefs will be allowed in America’s attempted prosecution against its former FBI Director James Comey in a North Carolina federal courtroom.
In the U.S. District Court for the Eastern District of North Carolina, Judge Louise Flanagan on Friday gave a one-page order explaining the discretion available to the court and the route she’s chosen. Comey, facing charges tied to his posting of an image of seashells spelling out 86 47 on the Outer Banks, is scheduled for arraignment on Sept. 30 in New Bern and trial Oct. 21.
He is facing two federal counts of threats against the president.
“No federal rule of criminal procedure or local criminal rule provides for the filing of amicus briefs before this court,” Flanagan wrote. “It is a matter of this court’s discretion whether to allow.
“Defendant and the government are ably represented by competent counsel.”
The case is formally known as United States of America v. James Brien Comey Jr.
Her order concluded, “Acting within its discretion, the court provides this notice that no amicus brief will be considered. Accordingly, any future motion requesting permission to file summarily will be denied.”
In May 2025, prosecutors say, Comey – a resident of Virginia – posted to social media seashells on the Outer Banks arranged to spell out 86 47 – a commonly interpreted reference for eliminating something (86) and the numerical count (47) of presidents.
Comey was FBI director in the administration of former two-term Democratic President Barack Obama, serving from July 29, 2013, to May 9, 2017, when Trump fired him. His Senate confirmation was 93-1.
Comey was infamously investigating Trump ties to the Russian government when he was let go.
Comey was deputy attorney general to John Ashcroft during the administration of former two-term Republican President George W. Bush. His career outside of politics includes law professor at Columbia, and time with Lockheed Martin and Bridgewater Associates.
