WASHINGTON – New York Attorney General Letitia James was indicted Wednesday on charges of bank fraud,escalating a political battle with former President Donald Trump and his allies. The indictment, returned by a federal grand jury, alleges James engaged in fraudulent activity related to financial institutions. James pleaded not guilty and intends to challenge the appointment of Special Counsel Bert Halligan, who is overseeing the case.
The standard for securing an indictment is lower than that required for a conviction at trial. According to the Justice Manual, federal prosecutors should only pursue a case if they believe the admissible evidence is sufficient to obtain and sustain a conviction. Former U.S. Attorney Carol Lam noted on NBC news NOW Thursday that the number of grand jurors voting for indictment can be telling. “In the case of Jim Comey, it was 14 out of 23. And I will tell you, as a prosecutor, if I had even one or two grand jurors expressing concern and not voting for an indictment, I would be very, very concerned, because they are only voting on probable cause and they are not voting beyond a reasonable doubt.”
The case has been assigned to U.S. District Judge Jamar K. Walker, a biden appointee.
The indictment has drawn sharp partisan reactions. Democrats have condemned the action as politically motivated, drawing parallels to the charges brought against former FBI director James Comey. New York Gov. Kathy Hochul stated Thursday on X that the indictment represents “nothing less than the weaponization of the Justice Department to punish those who hold the powerful accountable.” Senate Minority Leader Chuck Schumer accused Trump of “using the justice Department as his personal attack dog,” citing James’ triumphant prosecution of Trump and his companies, which initially resulted in a $500 million judgment that was later tossed out by a New York appeals court. “This isn’t justice. It’s revenge,” Schumer said in a statement. “And it should horrify every American who believes no one is above the law.”
Republicans offered differing perspectives. Sen. James Lankford, R-Okla., dismissed concerns about Trump’s influence on the prosecution, stating, “The president can’t make a grand jury do anything.” Sen. Eric Schmitt, R-mo., countered claims of weaponization, asserting, “There’s just some accountability that’s happening now.” Sen.Thom Tillis, R-N.C.,expressed hope that “they’ve done their homework and they’ve got a valid basis for the indictment.”
