In Rare Rebuke, Grand Jury Refuses to Indict NY Attorney General Letitia James

In a significant and highly unusual development, a federal grand jury on Thursday declined to return an indictment against New York Attorney General Letitia James, dealing a substantial setback to the Department of Justice’s persistent efforts to prosecute her for mortgage fraud. The decision marks the latest chapter in a politically charged saga that has entangled a sitting state attorney general, the highest levels of the DOJ, and former President Donald Trump.

Abbe Lowell, the powerhouse attorney representing James, characterized the grand jury’s refusal as an exceptionally rare event in the American legal system. “I’ve practiced law for a long time, and in my experience as both a prosecutor, when I was that in the Justice Department, and as a defense attorney, I can’t tell you a time… where a federal prosecutor thought a case was strong enough to bring to a grand jury, and the grand jury has said no,” Lowell stated in an interview with CNN’s Kaitlan Collins.

The context of his statement underscores the gravity of the jury’s decision. Grand jury proceedings are conducted in secret, with a prosecutor presenting evidence to jurors to establish probable cause that a crime was committed. Because the defense is not present to offer a counter-argument, prosecutors have a significant advantage, leading to the popular saying that a determined prosecutor could “get a grand jury to indict a ham sandwich.” That this grand jury chose not to is a powerful commentary on the evidence presented.

This latest attempt by the DOJ, now under the leadership of Attorney General Pam Bondi, was notably swift. The move to present the case to a new grand jury came just 10 days after a federal judge had dismissed the Justice Department’s initial cases against both James and another political adversary of Trump, former FBI Director James Comey.

Lowell, whose client list includes high-profile figures like Hunter Biden, Jared Kushner, and Ivanka Trump, warned that the DOJ’s pursuit of James might not be over. He suggested he had heard the government might attempt to present the case to yet another grand jury in a different Virginia city. “If they do that, people need to pay attention,” he cautioned. “It’s not like this is normal, but what it does do is show how far they’ll go to break the rule of law, to do a revenge tour that President Trump has ordered.”

The backdrop for these legal maneuvers is overtly political. In September, President Trump inadvertently made public a private message on his Truth Social platform intended for Attorney General Bondi, in which he called for the prosecutions of James, Comey, and Democratic Senator Adam Schiff of California. Each has been a prominent figure in investigations or proceedings involving Trump. James led the successful civil fraud case against him in New York; Comey, as FBI Director, oversaw the investigation into Russian interference in the 2016 election; and Schiff, then a congressman, was the lead manager of the House’s 2020 impeachment of Trump.

The Justice Department’s internal dynamics have also been a point of contention. Around the time of Trump’s published message, Erik Siebert, a veteran prosecutor serving as the acting U.S. Attorney for the Eastern District of Virginia, reportedly refused to bring the mortgage fraud charge against James, citing insufficient evidence. Subsequently, Trump replaced Siebert with Lindsey Halligan, his personal attorney, whose background as a former beauty pageant contestant and insurance lawyer includes no prior prosecutorial experience.

That appointment was short-lived. On November 24, a judge declared Halligan’s appointment invalid. In response, the DOJ brought in a new prosecutor from Missouri to handle the presentation to the grand jury on Thursday, which ultimately failed. The White House and the DOJ have declined to comment on these developments.

In her statement on Thursday, Attorney General James was resolute. “As I have said from the start, the charges against me are baseless. It is time for this unchecked weaponization of our justice system to stop,” she said. “I am grateful to the members of the grand jury and humbled by the support I have received from across the country. Now, I will continue to do my job standing up for the rule of law and the people of New York.”

Lowell indicated that his legal team is prepared for any further action, noting that the continued pressure only strengthens their position. “We filed a motion that probably had seven single-spaced pages of statements President Trump has made to go after [James],” he revealed. “If they re-indict or if they try to up it again and they keep trying, and again, all they’re doing is making our motion stronger and stronger.” As the dust settles from this latest confrontation, the focus remains on the Department of Justice and whether it will heed the grand jury’s rare message or press forward with its controversial case.