A federal judge in North Carolina agreed to potentially cancel former FBI Director James Comey’s upcoming court appearance after he requested it be waived with support from the government.

Comey had already made an initial appearance in Virginia and argued that federal rules allow only one such hearing, with the judge allowing cancellation if he formally submits a waiver.

He faces charges related to a social media post showing seashells reading “86 47,” which prosecutors say could be interpreted as a threat against President Donald Trump, though Comey denies any intent.

The charges require proof that he knowingly and willfully made a threat and carry a possible sentence of up to five years in prison each, The Hill has reported.

The case adds to a long-running legal and political dispute between Comey and Trump dating back to his firing as FBI director in 2017.