A federal grand jury in Virginia declined Thursday to indict New York Attorney General Letitia James, dealing another blow to the Justice Department’s repeated attempts to bring criminal charges against the outspoken Trump antagonist, according to a federal law enforcement source and another person familiar with the matter.
The decision marked the third failed effort by the Justice Department to prosecute James after months of pressure from President Donald Trump.
Last month, a federal judge tossed mortgage-related charges against James, along with unrelated charges targeting former FBI Director James Comey, ruling that the prosecutor in both cases had been unlawfully appointed. Trump had named Lindsey Halligan as interim U.S. attorney for the Eastern District of Virginia. Prosecutors then tried again last week to secure an indictment against James in Norfolk, Virginia, but were unsuccessful.
The Justice Department did not immediately respond to a request for comment.
James’ attorney, Abbe Lowell, blasted the failed effort in a statement. “For the second time in seven days, the Department of Justice has failed in its clear attempt to fulfill President Trump’s political vendetta against Attorney General James,” he said. “This unprecedented rejection makes even clearer that this case should never have seen the light of day.”
Lowell added, “This case already has been a stain on this Department’s reputation and raises troubling questions about its integrity. Any further attempt to revive these discredited charges would be a mockery of our system of justice.”
Before the original case was dismissed, James had pleaded not guilty to charges tied to a mortgage on a home in Norfolk. Prosecutors alleged she improperly declared the property as a second residence, saving about $50 a month on her mortgage payment.
Grand jury rejections are rare, given how heavily the process favors prosecutors. At that stage, the government needs to persuade only 12 of at least 16 jurors that probable cause exists, a far lower bar than the unanimous verdict required at trial.
Justice Department policy generally calls for prosecutors to pursue charges only when a conviction is likely. In James’ case, career prosecutors in the Eastern District of Virginia reportedly deemed the evidence insufficient to proceed. Erik Siebert, Donald Trump’s own nominee to lead the office, resigned after facing pressure to bring the case.
With a third grand jury now refusing to indict, the effort to criminally charge Letitia James appears stalled, if not finished altogether.
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