New York Attorney General Letitia James has dodged yet another bullet from the Trump DOJ, after a second federal grand jury in Alexandria, Virginia declined to indict her on mortgage fraud charges for the second time in a week, after their first case against James was dismissed because a federal judge ruled that Halligan’s appointment as interim US attorney was invalid under federal law because she took office after the statutory 120-day interim appointment period had expired.
Apparently “any good prosecutor” cannot get a grand jury to indict a ham sandwich. Or we’re not dealing with “any” good prosecutors – as a decision like this from a grand jury is rare due to the fact that only prosecutors appear before them and defendants do not get to offer evidence to rebut the charges.
“For the second time in seven days, the Department of Justice has failed in its clear attempt to fulfill President Trump’s political vendetta against Attorney General James. This unprecedented rejection makes even clearer that this case should never have seen the light of day,” said Abbe Lowell, a lawyer representing James. “This case already has been a stain on this Department’s reputation and raises troubling questions about its integrity. Any further attempt to revive these discredited charges would be a mockery of our system of justice.”
James was charged with one count of bank fraud and one count of making a false statement in 2020 connected to a home in Norfolk, Virginia. She is accused of indicating on mortgage paperwork that the purchase would be her second home – except she then rented it out and/or let her niece live in it. James denies wrongdoing.
The initial case was prosecuted by Lindsey Halligan, who Trump installed as the acting US attorney for the eastern district of Virginia. While Halligan was able to get a grand jury to indict James, a federal judge dismissed the case – ruling that she was improperly appointed to the post. The effect of the ruling also resulted in the dismissal of the criminal case against former FBI Director James Comey.
Nothing is stopping the DOJ from taking another bite at the apple and refiling the case against James.
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