Federal Prosecutor Resists Demands to Charge New York AG Letitia James

A senior federal prosecutor in Virginia has advised her colleagues that she lacks confidence there is sufficient evidence to pursue criminal mortgage fraud charges against New York Attorney General Letitia James, per a source knowledgeable about the situation.

The prosecutor, Elizabeth Yusi, who manages significant prosecutions in the Norfolk office for the U.S. Attorney for the Eastern District of Virginia, plans to soon present her assessment to Lindsey Halligan, a supporter of Trump who was installed as the U.S. Attorney for the Eastern District of Virginia recently.

The Justice Department offered no statement on the matter. The U.S. Attorney’s Office for the Eastern District of Virginia also did not respond to a request for comment.

Major Clash Between Department of Justice and Former President

This case marks another notable confrontation between the Justice Department and Trump, who has in the past dismissed attorneys who declined to target his critics. Halligan, who has no prosecutorial experience, was appointed to the role following pressure from Trump after her preceding attorney concluded there was no probable cause to file criminal charges against James Comey, the previous FBI director.

Trump has openly demanded the U.S. Attorney General to charge James, who spearheaded a civil fraud case against the ex-president that resulted in a massive fine, though the ruling was afterwards overturned by a New York state appellate court.

Loan Fraud Allegations and Inquiry

William Pulte, the Federal Housing Finance Agency head and a dedicated Trump ally, made a legal complaint against James to the Justice Department in April, claiming she may have committed mortgage fraud. Pulte referenced mortgage documents pertaining to a 2023 Norfolk, Virginia, home that James supported the acquisition of for her niece, in which James seemed to state on a document that she meant to reside in the home as her principal dwelling. James was holding the position of the Attorney General of New York at the time.

Prosecutors formed a grand jury in May to look into the matter but faced difficulties building a case against James, despite urging from Trump allies. Electronic correspondence from the time of the home purchase and further mortgage documents demonstrate James clearly indicating that she did not intend for the home to be her primary residence. This evidence poses a challenge for prosecutors to prove that James knowingly lied on the mortgage documents.

Recent Shake-Up in Prosecutorial Office

Multiple prosecutors in the Eastern District of Virginia have faced termination or resigned in recent weeks as Trump has increased pressure on the office to bring charges against Comey and James.

Erik Siebert, Halligan’s predecessor, resigned on September 19 after encountering pressure from Trump to file charges. Maya Song, a key deputy to Siebert, was also terminated in late September. Michael Ben’Ary, a top national security prosecutor in the office, was similarly dismissed last week after inaccurate accusations from a pro-Trump media personality.

“The leadership is preoccupied with punishing the President’s political foes than they are with protecting our national security,” he stated in his departure note to colleagues.

“Justice for Americans killed and injured by our enemies should not be dependent on what someone in the Department of Justice sees in their social media feed that day.”