New York Attorney General Letitia James has asked a federal judge to dismiss bank fraud charges against her, arguing that the prosecutor who brought and signed the indictment was unlawfully appointed and lacked authority to pursue the case.
The motion, filed in federal court Friday, contends that the appointment of Lindsey Halligan as interim U.S. attorney for the Eastern District of Virginia violated federal statute and the Constitution, and therefore the indictment must be thrown out.
James, a longtime foe of President Donald Trump, was arraigned Oct. 24 in Norfolk, Va., and pleaded not guilty to two counts alleging that she misrepresented information on mortgage documents to secure more favorable loan terms for a 2020 home purchase in Norfolk.
After the arraignment, she thanked supporters outside the courthouse and called the case part of the Trump administration’s broader misuse of the justice system.
“This is about all of us, and about a justice system which has been weaponized. A justice system which has been used as a tool of revenge,” she said in a statement, adding that she has “no fear” and a belief that “justice will rain down like water and righteousness like a mighty stream.”
Before departing for New York, James said she intends to continue her work while the case proceeds. “I will not be deterred. I will not be distracted. I will do my job each and every day,” she said. “And that is why I am headed back to New York, because there is work to be done standing up for the rule of law.”
Motion to dismiss
In the 22-page filing, James’ lawyers argue that the U.S. Attorney General’s authority to appoint an interim U.S. attorney is limited to 120 days after a vacancy arises.
The motion says that the period began Jan. 21, 2025, when Attorney General Pamela Bondi appointed Erik Siebert as interim U.S. attorney, and expired May 21. The filing alleges that Halligan was not appointed until Sept. 22, more than four months later, rendering her appointment invalid under the statute.
The motion further argues that Halligan’s role violated the Constitution’s Appointments Clause, since the filing argues the statutory appointment power had expired and she lacked the status of “attorney for the government” permitted to present the case or sign the indictment.
It reads that since Halligan alone presented the matter to the grand jury and signed the indictment, the indictment’s “flaws cannot be brushed aside as harmless error,” and asks the court to dismiss the indictment and enjoin her from further participation in the case.
“This Court must reject the Executive Branch’s brazen attempt to sidestep the constitutional and statutory limitations on the appointment of U.S. Attorneys,” James’ lawyers wrote.
James is one of three officials seen as adversaries of President Trump whom the Justice Department has charged in the past month, along with former FBI Director James Comey and former National Security Adviser John Bolton. All three have denied wrongdoing.
The charges in all three cases came after Trump, in a Truth social media post, publicly admonished Attorney General Pam Bondi for not moving fast enough to prosecute James and other foes.
“Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, and Leticia???” Trump wrote. “We can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!”
In 2022, James brought a civil fraud case against Trump and his family business, resulting in a judgment that initially imposed a $452.2 million penalty. A state appeals court overturned the penalty in August but upheld the trial court’s finding that Trump had committed fraud. Trump has denied wrongdoing and accused James of pursuing the case for political reasons.
Since the start of Trump’s second term, James has joined other Democratic state attorneys general in suing to block federal actions aimed at cutting funding to New York and rolling back civil rights protections for transgender people and immigrants.
