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Letitia James Asks Court to Throw Out Her Mortgage Fraud Case as ‘Selective Prosecution’

Lawyers for New York Attorney General Letitia James filed a motion Friday to dismiss mortgage fraud charges the Trump administration brought against her, ironically arguing the case is a politically motivated prosecution.

“The government targeted AG James for prosecution because of the President’s genuine animus towards her protected campaign speech and fulfillment of her statutory obligations as New York Attorney General,” the motion reads in its first paragraph, continuing: “This indictment is the product of vindictive and selective prosecution, in violation of the Fifth Amendment.”

The filing reports a host of comments from President Donald Trump designed to show that her prosecution was driven by personal animus that emanates from James’ lawsuit against Trump and his companies in her capacity as state attorney general.

It reads:

This lawsuit, and AG James’ outspoken criticism of the President, triggered six years of targeted attacks. President Trump and his allies have used every insulting term in their vocabulary to deride AG James and call for criminal penalties in retaliation for the exercise of her rights and fulfillment of her statutory duties to fulfill her obligations as New York state’s attorney general.

Pejorative terms cited include Trump describing James as a “crooked,” “scum,” “monster,” and “criminal,” according to the filing.

Ironically, the motion also acknowledges the attorney general’s campaign promise to use her office go after Trump, though the filing quotes more tame comments James made during her campaign for New York state’s top lawyer in 2018.

AG James’ campaign highlighted her intention to hold the powerful accountable for breaking the law — including President Trump, who was facing investigations, lawsuits, and other serious allegations of wrongdoing. And she did not hold back on her criticisms of the President and his actions during his first term. During her victory speech, she stated, “[Trump] should know that we here in New York — and I, in particular — we are not scared of you,” and “as the next attorney general of his home state, I will be shining a bright light into every dark corner of his real estate dealings, demanding truthfulness at every turn.

As Breitbart News’ Editor in Chief Alex Marlow pointed out while debuting his book Breaking the Law: Exposing the Weaponization of America’s Legal System Against Donald Trump, James inappropriately put a legal target on Trump before her office had even gathered any facts.

Marlow wrote of her lawfare vendetta, which resulted in Trump being hit with nearly a half billion dollars in fines in his alleged loan fraud case:

None of this should have been surprising. After all, James had famously campaigned to get Donald Trump. She had said that she looked forward to suing him and that she would be a “pain in his ass.” After the verdict came down, James began to taunt Trump by posting daily updates to the X social media platform on the gargantuan interest payment he was required to make. All of this violates his right to due process and equal protection under the law.

Charges against the AG present a further irony in light of the loan fraud case she brought against the president.

The Department of Justice accuses James of making deceptive statements on mortgage papers to get favorable loan terms when purchasing a modest house in Norfolk, Virginia. She has pled not guilty.

James filed her lawsuit in 2022 against Donald Trump, his three oldest children, and his companies, alleging the real estate developer had overvalued his properties to get loans, though no damages were cited to lenders who had vetted and approved the applications.

The suit resulted in a staggering $350 million judgement by a New York civil court, which ballooned to more than $500 million with interest. An appeals court overturned the fine but did not overturn the fraud charge.

Both James and Trump are appealing that case.

If her charges are not dismissed, James’ trial is scheduled for January.

Contributor Lowell Cauffiel is the author of the New York Times best seller House of Secrets and nine other crime novels and nonfiction titles. See lowellcauffiel.com for more.

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