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Once again, it seems Democrats operate above the law, as a grand jury declines to pursue charges against one of President Trump's staunchest opponents.
A federal grand jury in Norfolk, Virginia, on Thursday refused to reindict New York Attorney General Letitia James on mortgage fraud charges, just 10 days after a judge dismissed the original case due to an unlawful prosecutorial appointment.
The decision came after the Justice Department swiftly reconvened the grand jury, highlighting the aggressive push to prosecute James, a prominent Trump foe who has been targeted on social media as deserving legal action.
James had faced one count of making false statements to a financial institution and one count of bank fraud related to a mortgage on her Norfolk property, known as the Perrone Property.
The indictment alleged she misrepresented it as a secondary residence while treating it as an investment, claiming rental income on taxes.
U.S. District Judge Cameron McGowan Currie, a Clinton appointee, ruled late last month that interim U.S. Attorney Lindsey Halligan, handpicked by Trump, was unlawfully appointed.
Halligan, a former White House adviser, replaced Erik Siebert amid pressure to charge James and former FBI Director James Comey.
"All actions flowing from Ms. Halligan’s defective appointment including the indictments against Comey and James were unlawful exercises of executive power and are hereby set aside," Currie ruled.
Currie dismissed the cases without prejudice, allowing potential recharges.
However, defense claims of selective and vindictive prosecution persist, citing Trump's posts urging action against his enemies.
Attorneys for James and Comey highlighted a September Truth Social post by Trump to Attorney General Pam Bondi: "Pam: I have reviewed over 30 statements and posts saying that, essentially, ‘same old story as last time, all talk, no action. Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, Leticia??? They’re all guilty as hell, but nothing is going to be done,'" Trump wrote, referring to Comey, James, and Sen. Adam Schiff of California.
The Justice Department argued Trump's posts expressed beliefs, not directives.
Currie found Halligan's appointment violated the 120-day interim limit, starting from Siebert's January 21, 2025, installation.
"The 120-day clock began running with Mr. Siebert’s appointment on January 21, 2025," she wrote.
"When that clock expired on May 21, 2025, so too did the Attorney General’s appointment authority," adding that Bondi’s "attempt to install" Halligan "was invalid and that Ms. Halligan has been unlawfully serving in that role since September 22, 2025."
This marks another setback for Trump-era appointments, following similar rulings in other districts.
