The Justice Department faced a setback as a federal grand jury in Alexandria, Virginia, declined to indict New York Attorney General Letitia James on Thursday, sources close to the matter revealed. This marks the third unsuccessful endeavor by federal prosecutors to bring criminal charges against James, a Democrat, who has been a frequent political adversary of President Donald Trump.
"This emboldens the Democrats. This is beyond words." — Steve Ferguson
The latest development follows closely after another failed attempt last week in Norfolk, Virginia. These repeated failures occur in the context of significant pressure from President Trump, who has been vocal about his disapproval of James following her civil fraud case against the Trump Organization.
In a related event, a federal judge dismissed mortgage-related charges against James last month, citing the unlawful appointment of the prosecutor, Lindsey Halligan, who had been named interim U.S. attorney for the Eastern District of Virginia by President Trump. Following this dismissal, the Justice Department sought a new indictment in a different Virginia venue, which also did not yield an indictment.
Public commentary from the Justice Department on the recent grand jury decision has been absent. However, James' attorney, Abbe Lowell, issued a statement suggesting that the Justice Department's actions were politically motivated, acting on behalf of President Trump. Lowell stated that the case should have never been pursued and accused the department of undermining its own credibility.
Before the dismissal of the original charges, James had pleaded not guilty to allegations related to her declaration of a property in Norfolk as a second residence, purportedly saving her about $50 per month. The charges were part of a larger pattern of legal confrontations between James and President Trump. James had launched a civil investigation into the Trump Organization, accusing Trump and company executives of inflating property values to secure loans and insurance terms on favorable conditions. In the civil suit, Trump was found liable for fraud, with a state appeals court upholding the finding but deeming the $464 million judgment excessive.
It is uncommon for federal grand juries to decline indictments due to the prosecutorial advantage at this stage, where convincing only 12 of at least 16 jurors of probable cause suffices, a lower threshold than that required for a conviction at trial. Justice Department policy usually discourages the pursuit of cases unless there is a strong belief in the likelihood of a conviction. In this instance, career prosecutors deemed the evidence against James insufficient, leading to the involvement of out-of-state prosecutors.
President Trump's nominee for the U.S. attorney’s office in the district, Erik Siebert, resigned amidst pressure from the White House to prosecute James. Despite these setbacks, there has been no indication from the Justice Department regarding future attempts to indict James.
The situation has sparked reactions on social media, with comments underscoring the challenges faced by the Justice Department. For instance, Steve Ferguson expressed his frustration on Twitter, attributing the failure to indict to the "ineptness" of Pam Bondi and the Justice Department, suggesting that this empowers Democrats and describing the outcome as "beyond words."
