Former President Donald Trump and his allies are intensifying intimidation campaigns against federal prosecutors. They’re demanding an investigation into New York Attorney General Letitia James for her supposed mortgage fraud. This new effort comes on the heels of a civil fraud case, largely led by James. The lawsuit initially led to a $500 million penalty against Trump, but a New York state appellate court has since vacated that ruling.
So in recent months, Trump has publicly encouraged Pam Bondi, the U.S. Attorney General, to move against James. He claims that James misled the police on what she was actually doing. In 2023, she had purchased a residence for her niece that was located in Norfolk, Virginia. Mortgage documents related to the purchase show conflicting indications regarding whether James intended to use the property as her primary residence.
This past April, the new head of the Federal Housing Finance Agency, William Pulte, did just that, by referring Letitia James to the Department of Justice. When he did, he sounded the alarm on widespread mortgage fraud. Pulte’s allegations have brought about a dramatic change in the Eastern District of Virginia. Several prosecutors have quit or been fired as a result of increased pressure from Trump to prosecute both James and former FBI Director James Comey.
Secondly, Erik Siebert, the former U.S. Attorney for the Eastern District of Virginia, resigned effective September 19th. He resigned after being pressured by Trump to pursue charges against James. She was soon assigned to replace Siebert and has since been given the difficult job of making the case against James. Elizabeth Yusi, a former Department of Justice prosecutor now in Norfolk, supervises felony criminal prosecution. She is about to deliver her findings about James to Halligan.
A career federal prosecutor, based in Virginia, has allegedly filed several concerns about the viability of pursuing criminal charges against James. In the view of this prosecutor, that’s not enough probable cause to back up so much as a hint of mortgage fraud.
Lindsey Halligan has already made waves by bringing a case against James Comey before a grand jury. Her gamble paid off with the indictment of two counts coming soon after her appointment. As a result, some observers have begun to wonder if political motivations are driving prosecutors to make these decisions.
Some critics argue that the new administration has focused more on politically sensitive investigations. They contend that this myopic focus could ultimately undermine its cause, defending national security. Michael Ben’Ary noted, “The leadership is more concerned with punishing the President’s perceived enemies than they are with protecting our national security.”
Unfortunately, this story is happening in real time. Even now, it remains an open question how federal prosecutors will respond to the growing fire Trump and his GOP collaborators are breathing down Letitia James’s neck. This case has enormous opportunities for James. It’s a reminder of the former president’s long-simmering military- and police-state aspirations.