Letitia James Asks Virginia Judge to Dismiss Charges

The New York attorney general challenged the legality of U.S. Attorney Lindsey Halligan’s appointment by Trump.

New York Attorney General Letitia James arrives for former President Donald Trump's civil fraud trial at New York State Supreme Court in New York City on Nov. 8, 2023. Spencer Platt/Getty Images

The legal team for New York Attorney General Letitia James plans to ask a federal judge to dismiss criminal charges against her on the grounds that the federal prosecutor’s appointment was unlawful, according to a court filing Thursday.

The notice by James’s attorneys indicates they plan to file the request for dismissal Friday.

James is also set to appear on Friday in U.S. district court in Norfolk, Virginia, where she is expected to plead not guilty to one count of bank fraud and one count of making false statements to a financial institution.

President Donald Trump appointed Lindsey Halligan, a former White House aide, as the interim U.S. attorney for the Eastern District of Virginia. She was sworn into office in September.

The attorney general’s legal team did not say why they believe Halligan was illegally appointed.

James was indicted by a federal grand jury on Oct. 9, according to the U.S. Attorney’s Office for the Eastern District of Virginia.

The charges are related to a property that James purchased in Norfolk, Virginia, in August 2020. The loan application was made through Old Virginia Mortgage, which is backed by the federally sponsored Fannie Mae.

Prosecutors allege that James said in her loan application that she would use the home as her personal residence and not rent it out, but she later allegedly rented the house to a family of three.

The allegedly false statement on the application enabled James to get better loan terms than would have been available if she had classified the home as a rental property, according to prosecutors.

If convicted, James faces up to 60 years in prison, a fine of up to $2 million per count, and forfeiture of her Virginia house.

James has denied any wrongdoing, saying in an official press release from the Office of the New York State Attorney General that she will fight the “baseless” charges.

Former FBI Director James Comey was also indicted in the same district on charges of obstructing Congress and making a false statement to a Senate committee. Comey is also challenging Halligan’s appointment as interim U.S. Attorney. Oral arguments on that case are scheduled for Nov. 13 in South Carolina.

Comey’s motion to disqualify the prosecutor was moved outside of Virginia to avoid any potential conflict of interest.