Legal Challenges and Ethical Concerns in the Case Against New York Attorney General Letitia James
New York Attorney General Letitia James has taken a significant legal step by filing a notice that her legal team plans to request the dismissal of her indictment. This move is based on the appointment of President Donald Trump’s handpicked prosecutor, Lindsey Halligan. The court filing, submitted by James’ legal team, outlines the reasons behind this motion.
“Please take notice that on October 24, 2025, Letitia James, by counsel, will file her motion to dismiss the indictment that challenges the unlawful appointment of the United States Attorney for the Eastern District of Virginia, Lindsey Halligan,” the court filing stated.
The brief two-page document also included a footnote referencing another recent indictment against former FBI Director James Comey. Comey is also seeking to have his indictment dismissed due to Halligan’s appointment. The footnote suggests that the two motions “should likely be consolidated.”
James was indicted on two felony charges of bank fraud and making false statements to a financial institution on October 9. She is scheduled to appear in court in Norfolk, Virginia, on Friday at 11 a.m. ET. Halligan is expected to be present at the hearing, according to a source familiar with the case.
A separate hearing regarding Comey’s motion is scheduled for November 13. This development highlights the broader implications of Halligan's appointment and the potential impact on the fairness of these legal proceedings.
Request to Bar DOJ from Speaking to the Press
In addition to the motion to dismiss, James has asked the federal judge overseeing her criminal case to bar federal prosecutors from speaking with the media. This request aims to ensure she receives a fair trial.
Halligan had communicated with a reporter about the case two days after she persuaded a federal grand jury to indict James. These comments, reported earlier this week by journalist Anna Bower, were described as “a stunning disclosure of internal government information” by attorneys for James.
They noted that the conversation, which was initiated by Halligan and occurred over the messaging platform Signal, included the prosecutor’s thoughts on the “credibility and general strength of the evidence presented to the grand jury.”
“These extrajudicial statements and prejudicial disclosures by any prosecutor, let alone one purporting to be the U.S. Attorney, run afoul of and violate the Federal Rules of Criminal Procedure, the Code of Federal Regulations, this Court’s Local Rules, various rules of ethical and professional responsibility, and DOJ’s Justice Manual,” James’ attorneys wrote in court papers.
To ensure a fair trial and impartial proceedings for Attorney General James, the lawyers are asking for the Court’s intervention to prevent any further disclosures by government attorneys and agents of investigative and case materials, and statements to the media and public, concerning this case and any parties or witnesses.
They are requesting a court order that would, among other things, bar Halligan and other prosecutors in the case from making “extrajudicial disclosures of investigative and case materials, and statements to the media and journalists.” Under their proposed order, prosecutors would also need to keep a list of all contacts they have with members of the media.
“As the prosecutor who is ‘handling the case’ against Attorney General James and purporting to be the U.S. Attorney, Ms. Halligan is supposed to be the standard-bearer of the professional responsibility rules rather than the District’s violator-in-chief,” the attorney general’s lawyers wrote in their filing.
This ongoing legal battle underscores the complex interplay between judicial ethics, prosecutorial conduct, and the rights of those facing criminal charges. As the case progresses, it will be closely watched for its implications on the broader legal landscape.
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