DOJ Fails Again: Second Grand Jury Rejects Charges Against NY AG Letitia James
A federal grand jury in Alexandria, Virginia, refused for the second time this week to re-indict New York Attorney General Letitia James on federal mortgage fraud charges, delivering a setback to the Justice Department’s efforts to revive the case. According to sources familiar with the proceedings, the grand jury’s decision Thursday came just days after a jury in Norfolk, Virginia, also declined to indict James.
The repeated refusals raise questions about the strength of the government’s evidence and the viability of prosecuting a sitting state attorney general in what has already become a politically charged legal battle.
Federal prosecutors had sought to re-present the mortgage fraud allegations after a judge in November dismissed the original indictment against James. That ruling determined the prosecutor who brought the first charges was unlawfully appointed, nullifying the case and a parallel prosecution of former FBI Director James Comey.
Prosecutors allege James misrepresented the intended use of a Virginia property she bought in 2020 to obtain favorable mortgage terms, a claim James has denied. She and her attorneys have described the case as politically motivated and lacking sufficient evidence.
Legal experts note that back-to-back grand jury rejections are highly uncommon given the low threshold for probable cause.
“Grand juries rarely decline to indict, let alone twice in such quick succession,” said one legal analyst.
The repeated refusals could complicate the Justice Department’s strategy and feed criticism from James’s allies that the effort is retaliatory. Prosecutors have not indicated whether they plan to pursue a third attempt.
Whatever happens next, the outcome will shape debates over the use of federal prosecutorial power in politically sensitive cases.
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