Second Grand Jury Rebuffs DOJ Attempt to Re-Indict NY AG Letitia James

For the second time in a week, a federal grand jury refused the Department of Justice’s (DOJ) attempt to re-indict New York Attorney General Letitia James (D) on alleged mortgage fraud charges, ABC News and CNN report.

Grand jury rejections are an astonishingly rare occurrence. The DOJ receiving two in a row strongly suggests the evidence it has against James is not sufficient to establish probable cause that she committed a crime.

The second attempt to refile charges against James came shortly after a federal judge tossed its first case against her. The judge determined that the original indictment was illegitimate because Lindsey Halligan — President Donald Trump’s handpicked prosecutor — had been unlawfully appointed acting U.S. attorney for the Eastern District of Virginia. 

In September, Trump tapped Halligan, one of his former personal attorneys, to bring charges against James and former FBI director James Comey. Just days before Halligan’s appointment, the president had publicly ordered Attorney General Pam Bondi to go after his political foes more aggressively.

After its last failed attempt before a grand jury in Norfolk, Virginia, last week, federal prosecutors Thursday presented the case to a new jury in Alexandria, Virginia. 

The quick turnaround shows the intensity with which the department is pursuing charges against James, who has been one of Trump’s leading foes for several years.

The president repeatedly vowed to seek retribution against James after her office secured a $454 million judgement against his company over allegations of fraudulent business practices. Her office has also routinely challenged his governmental policies.

The DOJ may seek to bring charges against James again, but each attempt will likely strengthen her argument that the department is attempting to prosecute her based on Trump’s personal animus toward her and not because of actual criminal wrongdoing.

“For the second time in seven days, the Department of Justice has failed in its clear attempt to fulfill President Trump’s political vendetta against Attorney General James,” Abbe Lowell, James’ attorney, said in a statement to NBC News.

“This unprecedented rejection makes even clearer that this case should never have seen the light of day. Career prosecutors who knew better refused to bring it, and now two different grand juries in two different cities have refused to allow these baseless charges to be brought,” Lowell added. “This case has been a stain on the Department’s reputation and raises troubling questions about its integrity.”

In its first failed case, the DOJ claimed James committed bank fraud and made false statements to a financial institution over a home she purchased in Norfolk, Virginia, in 2023. James pleaded not guilty.

Career officials in the Eastern District of Virginia previously concluded that they lacked a sufficient factual basis to pursue criminal charges against Comey and James. Some of these prosecutors — including Halligan’s predecessor — were subsequently fired or forced out of their roles for raising concerns about the cases.

This story has been updated with additional details throughout.