Federal prosecutors said the case against New York Attorney General Letitia James is a "garden-variety mortgage fraud prosecution," placing that characterization at the center of a filing Friday that urged a judge to let the charges proceed.
Lawyers for James have asked that the case be dismissed.
ABC reported that prosecutors argued the indictment is supported by evidence and not influenced by political disputes, countering James' claim that the case was brought to punish one of President Donald Trump's most vocal critics.
They told the court that U.S. Attorney Lindsey Halligan made the charging decision independently, even though Trump had publicly suggested weeks earlier that charges against James might be justified.
They wrote that federal courts cannot allow defendants to avoid a "facially valid indictment" because elected officials have clashed in public.
They acknowledged Trump's shifting public comments about James but said those remarks were irrelevant to the evidence considered by prosecutors and the grand jury.
They also sought to distance the case from Ed Martin, the administration's special attorney for mortgage matters, who posed for a newspaper photo outside James' home months before the indictment and called on her to resign.
They said Martin was not the U.S. attorney, did not sign the indictment, and had no role in deciding the charges.
James pleaded not guilty to bank fraud and making false statements to a financial institution.
Prosecutors say she misrepresented a Norfolk, Virginia, property as a second home rather than an investment property to secure a lower mortgage rate.
James has said she purchased the home in 2020 for her great-niece and allowed the family to live there rent-free.
Prosecutors told the court the case is not political and not unique, describing it again as a standard mortgage fraud matter grounded in documents, financial records, and witness information.
They included what they described as a 2024 text message from James that they argue shows she knew her handling of the property could raise legal concerns.
"I do not want to take deduction," the message says. "It looks suspicious and I need to do everything according to the tax code."
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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