A federal grand jury in Virginia has made headlines by declining to indict New York Attorney General Letitia James. This decision comes just one week after another grand jury also opted not to bring charges against her. The decision against charges, which is a rare occurrence for a grand jury, signifies a significant setback for former President Donald Trump and his attempts to prosecute his political adversaries.
Last month, a judge dismissed a federal case against James, determining that the prosecutor appointed by Trump was not legally in the position. Attorney General James had previously filed charges against Trump before he won re-election, asserting that the federal case—accusing her of bank fraud and making false statements to a financial institution—was politically motivated. According to CBS News, which reports in partnership with the BBC, the grand jury chose not to indict James based on information from an unnamed official.
Grand juries, comprised of members of the public, are responsible for determining whether there is sufficient evidence to take a case to court. In legal terms, they assess whether probable cause exists to believe that a crime has been committed, but they do not make decisions regarding guilt or innocence. Data indicates that it is quite uncommon for grand juries to reject a prosecutor's request for an indictment. For instance, in 2016, federal prosecutors investigated over 150,000 individuals, but grand juries declined to file charges in only six cases, as reported by CBS.
The federal government alleged that James misrepresented herself when purchasing a three-bedroom home in Norfolk, Virginia, using a mortgage loan that required her to designate the property as her secondary residence. Prosecutors claimed this misrepresentation allowed James to secure favorable loan terms that would not have been available for an investment property. Unnamed sources have indicated that James bought the home for her great-niece in 2020, and the relative reportedly never paid rent for the property.
The grand jury that decided against pressing charges was seated in Norfolk, Virginia, while a different group met in Alexandria, a suburb of Washington, D.C., about 200 miles (320 km) north of Norfolk. Abbe Lowell, a lawyer representing James, stated that the decisions made by two separate grand juries in different cities demonstrate that the case should never have been initiated. Lowell characterized the prosecution as a stain on the Department's reputation, asserting that any attempt to revive these discredited charges would mock the justice system.
The Justice Department has not commented on the matter. As the leading attorney for the state of New York, Letitia James previously initiated a civil fraud case against Trump and the Trump Organization in 2022. In that case, Trump was found liable for falsifying records to obtain better loan deals, resulting in a substantial $500 million (£376 million) fine. However, this penalty was later overturned by an appeals court, which deemed it excessive while still affirming Trump's liability for fraud.
The judge's decision to dismiss the case also had implications for former FBI Director James Comey, who Trump fired in 2017. Allegations against Comey regarding lying to Congress were also dismissed as part of this ruling. Letitia James and Comey are not the only individuals who have faced federal charges in relation to Trump; his former national security adviser, John Bolton, is currently facing charges for allegedly sending and willfully retaining national defense information.