A legal analyst on Tuesday flagged what she called a “gaping omission” in the indictment filed by one of President Donald Trump’s allies, U.S. Attorney Lindsey Halligan, against New York Attorney General Letitia James.
James was indicted last month on allegations that she deceived her mortgage lender to secure a more favorable interest rate on a home she owns. Prosecutors allege that James benefited to the tune of $19,000 from this alleged deception.
Liz Dye, host of the “Law and Chaos” podcast, reviewed the indictment during a new episode of “Legal Eagle” on YouTube. Dye pointed out a significant omission that Halligan left out of the filing, which she said undermines the strength of the case against James.
Specifically, Dye highlighted a rider approved by Fannie Mae, James’ mortgage lender, in 2019. This rider expressly allows mortgage holders to rent their properties. Halligan’s indictment accused James of misrepresenting the use of her property to the mortgage lender.
Dye explained, “So, she can’t hand it over to a property management company or turn it into a timeshare. Fair enough. That’s why the rider says that James agreed to keep the property available primarily as a residence for the borrower’s personal use.”
A New York Times report found that James is currently letting her niece live in the property, which Halligan alleged is a fraudulent act on James’ part.
“But you know what’s missing?” Dye asked. “An allegation that she agreed to use it as a time-sharing or other shared ownership arrangement or agreement. That’s kind of a gaping omission. Halligan never says that James entered into an agreement to rent the property,” she continued.
Dye emphasized, “She says that James rented it out. Those two things are not the same.”
https://www.rawstory.com/letitia-james-2674220451/