Federal Prosecutor Declines to Indict New York Attorney General Letitia James Amid Presidential Pressure

Elizabeth Yusi, a federal prosecutor in Virginia, is resisting pressure from President Donald Trump to seek a criminal indictment against New York Attorney General Letitia James. Yusi, who oversees major criminal prosecutions in the Norfolk office of the Eastern District of Virginia, has reportedly informed colleagues that she sees no probable cause to believe James engaged in mortgage fraud. She plans to present her conclusion to the interim U.S. Attorney, Lindsey Halligan, in the coming weeks.

Halligan was appointed by President Trump after her predecessor, Erik Siebert, resigned under pressure for opposing the filing of charges against former FBI Director James Comey. Halligan subsequently secured a grand jury indictment against Comey on charges of lying during testimony before the Senate Judiciary Committee on September 30, 2020. Comey denies the allegations.

President Trump has publicly criticized Attorney General James, referring to her as "SCUM" in a recent social media post and calling for her removal from office. In a previous post on September 20, Trump urged U.S. Attorney General Pam Bondi to prosecute James, Comey, and Senator Adam Schiff.

Bill Pulte, appointed by Trump to head the Federal Housing Finance Agency, has suggested that James committed mortgage fraud related to a Norfolk, Virginia, home where her niece resides. James's attorney, Abbe Lowell, has denied these allegations, stating that while a power-of-attorney form mistakenly listed the house as a primary residence, James herself indicated on the loan application that it was not her primary home. Lowell also noted that James emailed her mortgage broker clarifying that the house "WILL NOT be my primary residence."

In early September, James appealed an appellate court's decision to overturn a $500 million penalty imposed on Trump and his company for business fraud. The appellate court ruled that the fine violated the U.S. Constitution's prohibition of excessive fines but upheld the trial court's finding that Trump and others had committed business fraud. Trump has denied any wrongdoing in the case initiated by James's lawsuit.