Legal Challenges for Attorney General James
Jonathan Turley, a law professor at George Washington University, suggested on Friday that the prosecution of New York Attorney General Letitia James may face obstacles due to certain “techniques.”
A federal grand jury indicted James on Thursday for two counts of mortgage fraud linked to a residence in Norfolk, Virginia, where she reportedly saved over $19,000 on a loan. In a discussion with “American Report” hosts John Roberts and Sandra Smith, Turley mentioned that while charges have been filed, her legal team could raise significant complications.
“This is going to be a tough case for the Department of Justice,” Turley noted. “They pursued this from New York, which is in a heavily Democratic area of Virginia, and there are various legal challenges ahead—some of which may hold water, but that doesn’t guarantee a victory.”
Turley added, “James may argue that the acting U.S. attorney responsible for these charges wasn’t correctly appointed, which could lead to a dismissal.”
President Trump appointed Lindsey Harrigan to the role of acting U.S. attorney for the Eastern District of Virginia following Eric Siebert’s resignation, amid pressure to indict former FBI Director James Comey.
Turley pointed out a key distinction in the case against James, who took legal action against Trump in September 2022 for allegedly inflating the value of his properties to secure loans. Unlike her case against Trump, she is accused of having directly benefited from the alleged misconduct.
“The government claims she profited significantly by misrepresenting the value of this property,” Turley explained. “So they can quantify the financial gain she allegedly secured. But does that mean the prosecution can secure a favorable jury in Northern Virginia? I still think the odds lean towards James.”
He also noted that it’s quite possible the process could be delayed due to legal technicalities she might invoke. “There’s an argument that a president has 120 days to appoint an acting U.S. attorney, but the current president has already exhausted that time with his predecessor. There’s also concern that the prior attorney was dismissed because the president wasn’t inclined to approve this prosecution. So, things could get rather convoluted quickly.”
In her initial campaign for attorney general in 2018, James initiated an investigation into Trump, referring to him as an “illegitimate president.” She also expressed her intent to “target the NRA,” committing to examining its legitimacy as a charitable organization during her election campaign.
