NY AG Letitia James Pleads Not Guilty in Trump-Initiated Political Prosecution, Asks Judge to Dismiss Case 

New York Attorney General Letitia James (D) speaking in New York City on Oct. 21. (Photo: Michael M. Santiago/Getty Images)

New York Attorney General Letitia James (D) Friday pleaded not guilty to bank fraud and false statements charges brought by the Department of Justice amid President Donald Trump’s public push to get retribution on his perceived foes.

Just after entering her plea, James also asked a federal judge to dismiss the charges, arguing that Lindsey Halligan, Trump’s former defense attorney leading the case, was unlawfully appointed as a temporary U.S. attorney earlier this year.

James is one of three high-profile former or current government officials to have pleaded not guilty to felony charges brought against them after the president ordered Attorney General Pam Bondi to go after his perceived enemies more aggressively.

Trump has long vowed to get revenge on James, who won a multi-million dollar against the Trump Organization and whose office has challenged several aspects of his political agenda over the years.

Earlier this month, Former FBI Director James Comey pleaded not guilty to lying to Congress and obstructing a congressional proceeding and former National Security Adviser John Bolton pleaded not guilty to charges of mishandling classified information.

James, Comey and Bolton have denounced the cases against them as baseless and the result of Trump’s weaponization of the justice system.

After her pleading in a Virginia federal courthouse, James thanked supporters and vowed to continue her legal fight over the allegations of mortgage fraud against her.

“This is not about me. This is about all of us, and about a justice system which has been weaponized, a justice system which has been used as a tool of revenge,” James said. “A weapon against those individuals who simply did their job and who stood up for the rule of law.”

“There’s no fear today,” she added. “Because I believe justice will rain down like water and righteousness like a mighty stream.”

Both Comey and James were charged by the U.S. Attorney’s Office for the Eastern District of Virginia, which is now headed by Lindsey Halligan, one of Trump’s former personal attorneys. 

Trump installed Halligan, who has no prosecutorial experience, as interim U.S. attorney after her predecessor was ousted for raising concerns about the district’s case against Comey and James. 

Following her plea, James’ legal team asked a judge to dismiss the case, arguing that Halligan had no authority to bring the charges because her appointment violated federal law and the U.S. Constitution.

Because Halligan has no authority to serve as interim U.S. Attorney, the motion argued, “and is not legitimately exercising the functions and duties of that office—or any other office

that would allow her to litigate on behalf of the United States—her participation in Attorney General James’ case and in grand jury proceedings causes irreparable harm.”

James’ challenge to Halligan’s authority was assigned to U.S. District Judge Cameron McGowan Currie, an appointee of former President Bill Clinton. 

In response to his charges, Comey also challenged the legality of Halligan’s appointment, which McGowan Currie is overseeing as well.

If the judge, who is based in South Carolina, finds that Halligan was illegally installed, it could sink the DOJ’s cases against Comey and James, as she’s the only department official formally associated with their cases. 

Normally, assistant U.S. attorneys present cases before grand juries and sign off on indictments. But in an unusual move, Halligan personally presented the cases against Comey and James before grand juries and was the only DOJ official to sign off the indictments against them.

If Halligan’s appointment was illegitimate, everything she’s done since then must also be invalid, legal experts noted.

Comey this week also asked a judge to dismiss the charges against him, arguing that the DOJ is selectively and vindictively prosecuting him in violation of his due process rights and First Amendment right to criticize the president.

James is expected to make a similar dismissal request in the coming weeks.

In a motion filed Thursday, James’ defense also accused Halligan of violating multiple ethics and secrecy rules through private communications with a journalist, Lawfare’s Anna Bower, about the ongoing criminal case. They asked a judge to order the government to curtail extrajudicial statements and prejudicial disclosures.

This story has been updated with additional details throughout.