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New York Attorney General Letitia James Moves to Dismiss Virginia Charges
New York Attorney General Letitia James has filed a motion seeking to dismiss the indictment brought against her in the Eastern District of Virginia, arguing that the U.S. attorney who secured the charges was unlawfully appointed, according to a court document.
The filing asserts that interim U.S. Attorney Lindsey Halligan, who replaced her predecessor in September, lacked proper authority under the Appointments Clause when authorizing the prosecution, the document states.
Letitia James is facing one count of bank fraud and one count of making false statements to a financial institution in connection with a 2020 property purchase in Norfolk, Virginia. She is scheduled to be arraigned in court in Virginia this week.
Her legal team argues that because Halligan’s appointment came after her predecessor’s 120-day interim term expired, any actions she took—including the indictment—are void due to “fundamental deficiencies in her appointment.”
The move mirrors a parallel challenge filed by former FBI Director James Comey in a related case in the same district.
We will ask the court to dismiss the indictment on the ground that the U.S. Attorney who brought the charges against Ms. James was not lawfully appointed,” her attorneys wrote.
