Letitia James asks judge to dismiss charges, arguing they are the result of Trump’s personal revenge

By Kara Scannell, CNN

(CNN) — New York Attorney General Letitia James said Friday her criminal case should be thrown out because it’s the product of President Donald Trump’s yearslong personal vendetta against her.

Lawyers for James filed a motion to dismiss the two-count indictment related to a 2020 mortgage, saying it is both a vindictive and selective prosecution.

“The Government’s conduct here has offended the very core of due process and equal protection principles in transforming the Department of Justice into the President’s personal agents of revenge,” her lawyers wrote. “The only remedy that will vindicate AG James’ rights is dismissal with prejudice, as the investigation and the Department of Justice are too tainted with unconstitutional motivation to bring these charges fairly against AG James,” they wrote.

James’ lawyers attached over 350 public statements, Truth Social posts, and other remarks Trump has made about James over the past six years. Another two dozen statements from Attorney General Pam Bondi, Director of DOJ’s Weaponization Working Group Ed Martin and other officials were also included.

Her lawyers said if the judge doesn’t dismiss the indictment, he should allow them to explore their claim by ordering evidence be turned over and schedule a hearing.

James was indicted last month on one count of making false statements to a financial institution and one count of bank fraud. Prosecutors allege she received a better interest rate on a Norfolk, Virginia, home by falsely claiming it was a second home and not an investment property. James has called the charges “baseless” and pleaded not guilty. A person familiar with the house said James’ grandniece occupies the home and is not paying any rent.

James is separately challenging the legality of the appointment of Lindsey Halligan as the US attorney for the Eastern District of Virginia. Halligan was handpicked by Trump to serve in the role after the previous US attorney resigned under pressure by Trump to bring the case against James despite doubts about its validity. A judge is hearing oral arguments next week on that challenge in conjunction with a similar challenge from another indicted Trump enemy, former FBI Director James Comey.

James and Trump have a long history of animus. She campaigned for New York attorney general pledging to investigate his real estate businesses. Her office launched an investigation and filed a civil lawsuit against Trump, his eldest sons and the Trump Organization in 2022 alleging they improperly benefited by inflating the value of properties to receive better rates on loans and insurance. Trump testified during the civil trial.

A state judge found Trump liable and ordered him to pay more than $350 million plus interest. A New York appeals court upheld the liability finding but threw out the judgment finding it “excessive.” Both Trump and James are appealing.

It’s Trump’s reaction to the investigation — his repeated calls that James be investigated and prosecuted — that her lawyers highlight to support their motion.

“The Executive has shouted six years of direct evidence of genuine animus through a megaphone,” James’ lawyers wrote. “The President and DOJ cannot hide behind Ms. Halligan to disguise their hand in AG James’ prosecution.”

They also argued it’s an improper selective prosecution because DOJ has not “investigated several of the Presidents’ officials with virtually the same mortgage or residence issues alleged in the indictment.”

James is also seeking to quash a subpoena in a separate Justice Department investigation looking into her office’s possible civil rights violations for the investigation into Trump and the Trump Organization. In that case her lawyers argued the subpoena is retaliatory and was issued improperly because the US attorney for the Northern District of New York, who signed the subpoena, is unlawfully serving in the role. DOJ has defended the appointment and subpoena.

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