U.S. judge bans friends-of-the-court filings in James Comey’s NC seashell case

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A federal judge announced Friday she won’t allow friend-of-the-court filings in a criminal case accusing former FBI Director James Comey of threatening the president with a social media post in 2025.

U.S. District Judge Louise W. Flanagan issued an order saying she would deny any motions to submit briefs as “amici curiae,” individuals or organizations that aren’t directly involved in the case but have a strong interest in the case or its outcome.

“Defendant and the government are ably represented by competent counsel,” Flanagan wrote in the order filed in the federal Eastern District of North Carolina.

The decision contrasts with how a federal judge in Virginia handled the 2025 criminal case accusing Comey of lying to Congress about leaks to the press.

Six interested parties, including groups that described themselves as former senior officials of the U.S. Justice Department, university professors and scholars, current and former members of Congress, and former federal judges and U.S. attorneys, filed friend-of-the-court briefs in that case.

That case was dismissed after two months when a judge found that the prosecutor who secured the indictment had been unlawfully appointed.

Legal experts say the ruling is an unusual turn in an already unusual case.

Friend-of-the-court briefs are far more common at the U.S. Court of Appeals and the U.S. Supreme Court levels. They are less frequently used in federal trial courts, said Scott Holmes, a law professor at N.C. Central University.

Flanagan may have practical reasons for limiting outside filings, he said.

District court judges must manage crowded dockets and keep cases moving, Holmes said. In a high-profile case like Comey’s, allowing outside briefs could invite a flood of submissions.

“I can imagine that the court is worried about the floodgates opening, and everybody who wants to weigh in on this does,” he said.

At the same time, Holmes said, such briefs can provide judges with valuable legal research and expert perspectives.

“It would be nice if the court would be willing to read really educated folks who have a real interest in the court getting it right and offering a lot of research,” Holmes said.

Carl Tobias, a law professor at the University of Richmond who called Flanagan’s order “rare,” said judges often find such filings useful.

“They would be people who would have expertise about the issues that are raised and probably feel strongly about them,” Tobias said.

The North Carolina case stems from a May 2025 Instagram post in which Comey shared a photo of seashells arranged to read “86 47” that he said he found on a North Carolina beach.

Prosecutors say the post amounted to a threat against President Donald Trump, the 47th president. Comey has said he did not intend the post as a threat and removed it after learning others interpreted it that way.

A North Carolina grand jury indicted Comey on April 28 on two felony charges: threatening the president and transmitting a threat across state lines. Each charge carries a maximum sentence of five years in prison.

The case has drawn national attention as it tests the line between protected political speech and what federal law treats as a true threat.

Comey’s attorneys are expected to argue that the indictment should be dismissed on constitutional grounds, including First Amendment protections.

They may also raise arguments about selective or vindictive prosecution. Comey’s team filed a similar motion challenging the 2025 charges in Virginia.

Under the current schedules, attorneys’ motions are due July 28.

Comey’s arraignment, a hearing in which he would plead guilty or not guilty, is set for 10 a.m. Sept. 30 at the federal courthouse in New Bern. If the case proceeds to a jury trial, it is now scheduled to begin Oct. 21, also in New Bern, where Flanagan is based.

This story was originally published June 12, 2026 at 3:24 PM with the headline “U.S. judge bans friends-of-the-court filings in James Comey’s NC seashell case.”