New York Attorney General Letitia James is asking a federal judge to dismiss a mortgage fraud case against her, calling it a vindictive and politically motivated prosecution brought at the behest of a president who regards her as an enemy.

WASHINGTON (AP) — New York Attorney General Letitia James asked a federal judge Friday to dismiss a mortgage fraud case against her, calling it a vindictive and politically motivated prosecution brought at the behest of a president who regards her as an enemy.

The motion, which had been expected, lays out a litany of comments from President Donald Trump designed to show the case was driven by personal animus that arose out of James’ lawsuit against Trump and his companies in her capacity as state attorney general.

“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,” lawyers for James wrote in urging that the case be dismissed.

The name-calling by Trump includes describing James as “crooked,” “scum,” “a monster,” and “criminal,” according to the filing.

The filing is similar to one from another of Trump’s perceived adversaries, James Comey, who has pleaded not guilty to charges of making a false statement and obstructing Congress and who has said the case against him is similarly vindictive and inspired by the president’s desire for retribution.

  • mkwt@lemmy.world
    6·
    20 hours ago

    There’s a federal rule that says that if you can prove that the prosecution is vindictive or selective, then the case is dismissed.

    A prosecution is vindictive if it is only happening because of personal animus against the defendant. You have to prove that the animus caused the prosecution, in a legal “but for” sense.

    A prosecution is selective if you’re getting singled out. That is, if other people in similar circumstances are not getting charged for the same behavior, but you are. For example, Attorney General James alleges that Ken Paxton is also a state Attorney General, and he also has multiple “second homes” with mortgages that he rents out and never visits, but somehow he has not been charged.

    James is alleging both vindictive and selective prosecution, but she only has to prove either one or the other to get the case dismissed.