Photo: PBS
New York Attorney General Letitia James, a long-standing critic of former President Donald Trump, has been indicted by a federal grand jury in Virginia on charges of bank fraud and making false statements to a financial institution. The indictment came after evidence was presented by Lindsey Halligan, a U.S. Attorney recently appointed by Trump, intensifying fears that federal law enforcement is being used for political retaliation.
The charges stem from a $109,600 Fannie Mae-backed mortgage that James allegedly used to purchase a home in Norfolk, Virginia, in August 2020. Prosecutors claim that James — whose primary residence was in Brooklyn, New York — misrepresented the Norfolk property as a secondary residence when, according to the indictment, she rented it out to a local family of three.
The indictment further alleges that James gained about $19,000 in financial benefits, mainly from lower mortgage interest rates, which she would not have qualified for had the loan been classified as an investment property.
If convicted, James faces a maximum penalty of 30 years in prison and fines of up to $1 million per count. However, legal analysts suggest any sentence would likely be significantly less under federal guidelines.
The case has drawn nationwide attention due to its overt political overtones. Trump had publicly demanded charges against both James and former FBI Director James Comey in recent weeks, accusing them of “abusing power” for targeting him. Comey himself was indicted in September after Halligan’s office brought similar charges, further deepening the controversy around her prosecutorial independence.
In a statement following the indictment, Halligan said:
“No one is above the law. The charges represent intentional, criminal acts and a significant breach of public trust.”
James, however, called the indictment “baseless” and accused Trump of weaponizing the justice system:
“This is a desperate act of political revenge. I did my job as New York Attorney General, holding him accountable for fraud — and now he’s using the Justice Department to retaliate.”
James added that Trump’s actions “undermine the rule of law” and called on leaders from both parties to condemn what she described as “a blatant perversion of justice.”
Letitia James has long been at the center of Trump’s legal woes. Her civil fraud case against Trump and the Trump Organization resulted in the former president being held liable for business fraud earlier this year, with a $500 million penalty imposed on his company. James has since appealed to New York’s highest court after an appellate panel moved to review parts of the judgment.
Following the indictment, New York Governor Kathy Hochul and Senate Majority Leader Chuck Schumer defended James, accusing the Trump administration of “weaponizing federal power.”
“What we’re seeing today is a chilling abuse of authority — punishing those who dare hold the powerful accountable,” Hochul wrote on X (formerly Twitter).
Schumer echoed those sentiments:
“This is what tyranny looks like. Trump is using the Department of Justice as his personal attack dog — not for justice, but for vengeance.”
According to Justice Department sources, former acting U.S. Attorney Erik Siebert initially declined to pursue charges against James, citing “insufficient evidence.” Within days, Trump dismissed Siebert and appointed Lindsey Halligan, who then promptly brought the case before a grand jury.
This rapid turnover has fueled allegations of political coercion within the Justice Department. Reports from MSNBC earlier this week claimed that a senior prosecutor in Halligan’s office, Elizabeth Yusi, resisted pressure to bring charges, stating there was “no probable cause” for prosecution.
Meanwhile, Federal Housing Finance Agency Director Bill Pulte — a Trump ally — had earlier filed a referral accusing James of falsifying bank records related to the Norfolk mortgage. Pulte has also made similar claims against Federal Reserve Governor Lisa Cook, another prominent Black female official, though Cook has not been charged.
Legal analysts have raised red flags about the implications of this case, suggesting it could erode the perceived independence of the Justice Department.
Abbe Lowell, James’s attorney, criticized the indictment as “a clear act of political retribution,” adding that career prosecutors had already concluded no wrongdoing occurred.
“When a sitting president can personally order criminal charges against a political opponent, it’s not justice — it’s authoritarianism,” Lowell said.
James is scheduled to appear in court on October 24 in Norfolk, Virginia, before Judge Jamar Walker, who was appointed by President Joe Biden in 2023.
The indictment comes amid heightened political polarization in the U.S., with Trump — now a declared candidate for the 2028 election — openly clashing with state and federal officials who have investigated him. Analysts warn that cases like this could further blur the line between justice and politics, undermining public faith in the rule of law.
Despite the charges, James has vowed to continue her work.
“I will not be intimidated,” she said. “Faith and fear cannot share the same space. We will fight these baseless charges and continue to protect New Yorkers.”
As the legal drama unfolds, the case of Letitia James may become a defining test of whether the nation’s justice system can withstand political pressure — or if it will become yet another casualty in America’s growing divide.