Copyright Newsweek
New York Attorney General Letitia James has asked a federal judge to dismiss a mortgage fraud case against her, calling it a vindictive and politically motivated prosecution brought at the behest of President Donald Trump. James, a Democrat, is accused of lying on mortgage papers to get favorable loan terms when purchasing a modest house in Norfolk, Virginia, where she has family. She pled not guilty last month, and told reporters outside the courthouse that the Trump administration was using the justice system as a “tool of revenge.” The motion added that "this indictment is the product of vindictive and selective prosecution, in violation of the Fifth Amendment". Attorneys for James have been contacted for comment by Newsweek via an email sent outside regular business hours. The Department of Justice has been contacted via a contact form on its website. Why It Matters James is among three of Trump’s perceived adversaries who have been criminally indicted in recent weeks. Trump’s former national security adviser John Bolton, who became a vocal critic after leaving the first Trump administration, has pled not guilty to charges of mishandling classified material. Former FBI director James Comey has pled not guilty to charges of making a false statement and obstructing Congress. Last month, he asked a federal judge to dismiss what he said is a a “vindictive prosecution” driven by the president’s desire for retribution. The indictments against Comey and James were secured by Lindsey Halligan, a White House aide with no prior prosecutorial experience who Trump nominated as the top federal prosecutor for the Eastern District of Virginia after her predecessor Erik Siebert resigned amid pressure to bring a criminal case against them. What To Know In the motion, filed Friday, attorneys for James say the president and his “hand-pocked Department of Justice officials” have "exhausted every avenue to secure the payback that the President demanded” after James’ fraud lawsuit against Trump in her capacity as state attorney general. James had won a huge judgement in a lawsuit alleging he defrauded banks by overstating the value of his real estate holdings on financial statements. However, an appeals court overturned the financial penalty in August, which had ballooned to more than $500 million with interest, but upheld a lower court’s finding that Trump had committed fraud. “This lawsuit, and AG James’ outspoken criticism of the President, triggered six years of targeted attacks,” attorneys wrote in the filing. “President Trump and his allies have used every insulting term in their vocabulary to deride AG James and call for criminal penalties in retaliation for the exercise of her rights and fulfillment of her statutory duties to fulfill her obligations as New York state’s attorney general,” lawyers for James wrote in urging that the case be dismissed.” According to the filing, Trump described James as “corrupt,” “crooked,” “disgusting,” “evil,” “racist,” “incompetent,” “weak,” “criminal,” “scum,” and “a monster” in social media posts, interviews and speeches. James’ lawyers also argued that the Department of Justice singled James out for prosecution “while ignoring apparent inconsistencies in the mortgage records of numerous other public officials.” “The only meaningful difference between AG James and these individuals is that AG James is a Democratic Attorney General who spoke out against the President, while the others are his allies and cabinet members,” they wrote. What People Are Saying After Siebert’s resignation, Trump urged Attorney General Pam Bondi to prosecute James and other political foes in a Truth Social post in September, saying: “What about Comey, Adam “Shifty” Schiff, Leticia??? They’re all guilty as hell, but nothing is going to be done.” He added: “Lindsey Halligan is a really good lawyer, and likes you, a lot. We can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!” In remarks after pleading not guilty to the charges last month, James said: "This is not about me. This is about all of us and about a justice system which has been weaponized, a justice system which has been used as a tool of revenge. This justice system which has been used as a tool of revenge and a weapon against those individuals who simply did their job and who stood up for the rule of law.” What's Next A hearing on James’ motion to dismiss the case has not yet been scheduled. Her trial date has been set for January 26, 2026. This article includes reporting by The Associated Press.
