Norfolk, Virginia
—
New York Attorney General Letitia James is about to go to trial in late January on felony charges of financial institution fraud and making false statements to a monetary establishment – if she doesn’t succeed at getting the case dismissed outright.
James was arraigned Friday morning at a federal courthouse in Norfolk, Virginia, the place she pleaded not guilty to the pair of charges brought in opposition to her by a prosecutor who President Donald Trump put within the job after he complained that investigations into his political foes weren’t shifting quick sufficient.
“There’s no fear today, no fear,” James stated exterior the courthouse as protesters chanted alongside her. “Because I believe that justice will rain down like water, and righteousness like a mighty stream.”
But it’s attainable James doesn’t go to trial on January 26 in any respect: her attorneys previewed on Thursday and Friday their intent to attempt to get her case dropped within the coming months on a number of totally different grounds.
Here’s what to know:
Letitia James speaks out after pleading not guilty in courtroom
James’ attorneys advised US District Judge Jamar Walker that they’re difficult whether or not the interim US Attorney for Northern Virginia who brought James’ case, Lindsey Halligan, is lawfully serving within the place.
At Friday’s arraignment, the protection attorneys offered the written model of their arguments in opposition to Halligan’s authority, in a sign of how briskly the case is shifting already.
“Ms. Halligan thus lacked the power to present this case to the grand jury or sign this indictment, and she cannot continue to supervise this prosecution … This Court must reject the Executive Branch’s brazen attempt to sidestep the constitutional and statutory limitations on the appointment of U.S. Attorneys,” James’ team wrote.
The argument mirrors an identical effort underway in former FBI Director James Comey’s prison case. Comey, who has pleaded not guilty to allegedly mendacity in congressional testimony, is one other of Trump’s political enemies who Halligan indicted.
Halligan was tapped for the submit after Trump pushed out the previous interim US lawyer, Erik Seibert. Comey’s workforce is arguing that Seibert had already served the legally allotted most of 120 days that somebody can serve on a short lived foundation earlier than needing to be confirmed by the Senate.
In courtroom papers submitted earlier this week, Comey’s attorneys claimed that Halligan’s appointment after these 120 days had handed implies that Trump was not legally ready to appoint a brand new interim lawyer and keep away from the Senate affirmation course of altogether. They referred to as the transfer a scheme to “circumvent” Congress’ position within the affirmation course of.
A choose from South Carolina has been brought in to deal with the Halligan concern and the movement within the James case will probably be added to that docket given the truth that they increase the identical authorized questions.
Reporter publishes ‘unsolicited’ texts from Trump’s handpicked prosecutor
It would then be up to the South Carolina choose, Cameron McGowan Currie, to resolve whether or not she ought to think about them on the identical observe. Comey’s request is about to be heard by Currie on November 13.
Should James and Comey achieve persuading the choose that Halligan was unlawfully appointed, it might doom each instances since Halligan was the one prosecutor to signal the indictments.
Selective and vindictive prosecution bid
James has a number of different avenues for ridding herself of the charges forward of trial.
Walker requested Lowell whether or not he additionally intends to ask that the case be dismissed based mostly on a declare that the Justice Department is unfairly criminally pursuing her. The choose particularly pointed to a movement to dismiss based mostly on “selective or vindictive prosecution” that’s pending in Comey’s case.
Lowell confirmed he’d file such a movement, telling the courtroom it’s “the worst kept secret” that James’ protection attorneys really feel she’s being unfairly prosecuted. But he harassed that his workforce wanted to see extra proof within the case earlier than deciding on the contours of such a declare.
Trump’s outspoken dislike for James dates again years. He’s lengthy derided an investigation she led into him and his firm as a “witch hunt.” That probe culminated in a $355 million civil judgment final 12 months, although a New York appellate courtroom recently ruled the president and his firm do not have to pay.
Trump has referred to as James “racist” and “corrupt,” and in 2024, whereas campaigning for president, stated “she ought to be looked at.”
Last month, the president posted publicly on Truth Social a message, which was apparently supposed to be personal, to Attorney General Pam Bondi calling on her to transfer shortly within the investigation into James and others. “Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, Leticia??? They’re all guilty as hell,” the president wrote.
James’ workforce has till November 7 to make the selective or vindictive prosecution request. Prosecutors can have till November 21 to reply to it and a listening to on the movement is about for December 5.
Walker additionally set a separate schedule for any further requests from James after Lowell hinted at the opportunity of them difficult the charges within the case extra broadly. Those potential requests are due by November 17, and the choose stated he would maintain a listening to on them December 17.
NCS’s Katelyn Polantz contributed to this report.
This story has been up to date with further developments.