**NY Attorney General Letitia James Moves to Dismiss Fraud Charges Amid Claims of Vindictive Prosecution**
In a bold legal maneuver, New York Attorney General Letitia James has filed a motion to dismiss the criminal charges against her, marking what many see as her most significant attempt yet to thwart efforts by the Trump Administration to convict her of fraud.
Ms. James faces criminal allegations including bank fraud and making a false statement to a financial institution. These charges stem from a $100,000 loan she secured for a modest home in Norfolk, Virginia. The loan agreement explicitly prohibited the use of the property as an investment; however, prosecutors allege that Ms. James violated this term and profited approximately $18,000 from her actions. Ms. James maintains her innocence.
The prosecutor leading the charge, an elected Democrat who campaigned in 2018 vowing to “shine a bright light” on Donald Trump’s business dealings and calling him an “illegitimate” president, now argues that the case against Ms. James should be dismissed as both “selective” and “vindictive.”
The charges came about a year and a half after Ms. James secured a $500 million judgment against Donald Trump, his two adult sons, and their family business. While this penalty was later overturned by New York’s intermediate appellate court for being “excessive” and unconstitutional, the court upheld the underlying verdict of “liable” issued by Judge Arthur Engoron.
Ms. James’ legal troubles began when William Pulte, the director of the Federal Housing Finance Agency, accused her of mortgage fraud—an irony noted by many observers. The Department of Justice, under Attorney General Bondi, took up the case.
Represented by Abbe Lowell, a high-profile attorney known for his extensive network and for representing Hunter Biden in criminal matters, Ms. James asserts in her legal filings that the charges are “the product of vindictive and selective prosecution, in violation of the Fifth Amendment.” Lowell urges the court to dismiss the indictment “with prejudice,” emphasizing that “the Constitution requires that law, not retribution, must motivate criminal prosecutions.”
Lowell further argues that Mr. Trump and his allies have repeatedly used disparaging language to attack Ms. James, suggesting that her prosecution is motivated by the President and his officials’ “genuine animus” towards her.
In a Truth Social post seemingly directed at Ms. Bondi, Mr. Trump wrote: “What about Comey, Adam ‘Shifty’ Schiff, Leticia??? They’re all guilty as hell, but nothing is going to be done. We can’t delay any longer, it’s killing our reputation and credibility.” He also demanded that Ms. James be “placed under citizens arrest” for what he called “blatant election interference and harassment.”
While acknowledging that Ms. James was outspoken in her criticism of Mr. Trump during his presidency, Lowell points to the resignation of Erik Siebert, the former interim U.S. Attorney for the Eastern District of Virginia. According to ABC News, Siebert resisted bringing charges against both Ms. James and former FBI Director James Comey.
Legal standards set by the Fourth United States Appeals Court require the accused in vindictive prosecutions to prove two elements: (1) the prosecutor acted with genuine animus toward the defendant, and (2) the defendant would not have been prosecuted but for that animus. Although Ms. James admits this is a difficult standard to meet, she contends that Mr. Trump’s public statements over six years “amount to direct evidence of genuine animus.”
Lowell has compiled an extensive list of the terms Mr. Trump has used in connection with Ms. James, including “corrupt,” “crooked,” “disgusting,” “evil,” “racist,” “incompetent,” “weak,” “criminal,” “scum,” and “a monster.” He argues that these insults reflect the underlying motivation behind the charges: “The President shows them the person, and DOJ finds him the ‘crime.’”
Speaking on behalf of the prosecution, Ms. Halligan stated: “No one is above the law. The charges as alleged in this case represent intentional, criminal acts and tremendous breaches of the public’s trust. The facts and the law in this case are clear, and we will continue following them to ensure that justice is served.”
The trial is scheduled to begin on January 26, presided over by Judge Jamar Walker, the first openly gay federal judge in Virginia, who was appointed to the bench by President Biden.
https://www.nysun.com/article/letitia-james-fires-back-at-trumps-fraud-prosecution-of-her-as-lightweight-and-vindictive-in-bid-to-toss-case