DOJ's continued efforts to indict Letitia James, Trump's adversary, despite initial failure

Despite a federal grand jury declining to indict New York Attorney General Letitia James on mortgage fraud allegations Thursday, the matter may not be concluded. Following encouragement from former President Donald Trump, the Justice Department has indicated it plans to pursue charges against James again, a high-profile critic of Trump.

The recent rejection by the grand jury comes just weeks after a judge dismissed a previous indictment. That earlier case alleged James had declared homes in both New York and Virginia as her primary residence, potentially allowing her to secure favorable mortgage terms in both states.

Federal law does not set a strict limit on how many times someone can be indicted for the same offense. Prosecutors can present the same case to a grand jury multiple times if they meet legal requirements.

History of Legal Conflicts Between Trump and James

James has been a frequent target of Trump since 2022, when she filed a broad civil fraud lawsuit against him and his main business in New York. The suit claimed Trump exaggerated his assets by billions to obtain loans.

In 2024, a state judge in New York held Trump and the Trump Organization liable, imposing financial penalties that eventually surpassed $500 million with interest. An appellate court later struck down the financial penalty as excessive but confirmed that Trump had inflated his wealth for years. Trump and his two eldest sons remain barred from corporate leadership positions in New York.

Trump has repeatedly criticized James, calling her a wacky crook, and after returning to the White House, pressured the Justice Department to investigate her. In September, he encouraged Attorney General Pam Bondi to prosecute both James and former FBI Director James Comey. When U.S. Attorney Erik Siebert did not pursue indictments, Trump removed him and appointed Lindsey Halligan, a White House aide and former personal attorney, as interim U.S. Attorney despite her lack of prosecutorial experience.

In the following month, Halligan successfully convinced a grand jury to indict James for bank fraud and making false statements on a 2020 Virginia home loan. Comey was also indicted. However, U.S. District Judge Cameron McGowan Currie later dismissed the cases, ruling Halligans appointment unconstitutional, which nullified the indictments.

Second Grand Jury Review

This week, the Justice Department presented the same allegations against James to a new grand jury. The panel again declined to issue an indictment, but the department confirmed it plans to continue pursuing the case. The number of attempts that may follow remains uncertain.

A grand jury issuing a no bill does not equate to acquittal. Acquittal would invoke double jeopardy protections, preventing the same charges from being brought again.

James maintains her innocence. As I have said from the start, the charges against me are baseless, she stated Thursday. It is time for this unchecked weaponization of our justice system to stop.

Author: Maya Henderson