New York Attorney General Letitia James asked a federal judge Friday to dismiss a mortgage fraud case against her, calling it a vindictive and politically motivated prosecution brought at the behest of a president who regards her as an enemy.
The motion, which had been expected, lays out a litany of comments from President Donald Trump designed to show the case was driven by personal animus that arose out of James’ fraud lawsuit against Trump in her capacity as state attorney general.
“This lawsuit, and AG James’ outspoken criticism of the President, triggered six years of targeted attacks. President Trump and his allies have used every insulting term in their vocabulary to deride AG James and call for criminal penalties in retaliation for the exercise of her rights and fulfillment of her statutory duties to fulfill her obligations as New York state’s attorney general,” lawyers for James wrote in urging that the case be dismissed.
The name-calling by Trump includes describing James as “crooked,” “scum,” “a monster,” and “criminal,” according to the filing.
The filing is similar to one from another of Trump’s perceived adversaries, James Comey, who has pleaded not guilty to charges of making a false statement and obstructing Congress and who has said the case against him is similarly vindictive and inspired by the president’s desire for retribution.
James is accused of lying on mortgage papers to get favorable loan terms when purchasing a modest house in Norfolk, Virginia, where she has family. She pleaded not guilty last month, and told reporters outside the courthouse that the Trump administration was using the justice system as a “tool of revenge.”
To bolster their claim of a vindictive prosecution, James’ attorneys also assert that the Justice Department has singled her out for scrutiny “while ignoring apparent inconsistencies in the mortgage records of numerous other public officials.”
They say the activities that form the basis of the indictment match the conduct of other high-profile figures who have not been investigated or charged.
“The only meaningful difference between AG James and these individuals is that AG James is a Democratic Attorney General who spoke out against the President, while the others are his allies and cabinet members,” defense lawyers wrote.
Like Comey, she was charged in Virginia by a hastily appointed U.S. attorney, Lindsey Halligan, a White House aide without any prosecutorial experience who was named to the post by Trump after the administration effectively forced out the prosecutor who had overseen both investigations, Erik Siebert, but had not brought charges in either case.
After Siebert’s resignation, Trump, in an extraordinary social media post, urged Attorney General Pam Bondi to prosecute James and other political foes, noting that he had been impeached and indicted himself multiple times. Trump wrote the administration “can’t delay any longer, it’s killing our reputation and credibility,” adding: “JUSTICE MUST BE SERVED, NOW!!!”
James was first elected in 2018 as New York state’s top lawyer, after holding elected jobs in New York City. She is the first woman elected as the state’s attorney general.
James has been a frequent target of Trump’s ire, especially since she won a staggering judgment against the president and the Trump Organization in a lawsuit alleging he defrauded banks by overstating the value of his real estate holdings on financial statements. An appeals court overturned the fine, which had ballooned to more than $500 million with interest, but upheld a lower court’s finding that Trump had committed fraud.