A federal grand jury refused Thursday to reindict New York Attorney General Letitia James.
The grand jury rejected the Justice Department’s second attempt to bring mortgage-fraud charges just 10 days after a federal judge tossed the original case, according to CNN. Another source told CNN that the decision should not be interpreted as a clean win for James, saying the department could ask a third grand jury to consider the allegations.
The case took a decisive turn late last month when U.S. District Judge Cameron McGowan Currie ruled that interim U.S. Attorney Lindsey Halligan had been unlawfully appointed. Currie dismissed the indictments against former FBI Director James Comey and James, both of whom said Halligan lacked lawful authority.
Currie wrote that Halligan’s appointment was “invalid,” rendering any indictments she presented unenforceable. She dismissed the cases without prejudice, leaving the Justice Department free to refile charges in the future.
“The Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid,” Currie wrote. “And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice.”
Halligan assumed control of the Eastern District of Virginia U.S. Attorney’s Office after Erik Siebert resigned, reportedly under pressure from President Donald Trump to bring charges. She secured an indictment against Comey within days of taking the job, as the statute of limitations on the charges was about to expire.
A federal grand jury indicted James in October on charges of bank fraud and making false statements to a financial institution. James rejected the allegations in a video statement, accusing the president of weaponizing federal law enforcement and insisting the charges were baseless.
The Federal Housing Finance Agency (FHFA) referred James to the DOJ in April for allegedly falsifying mortgage documents tied to a Virginia home. FHFA Director William Pulte said she misrepresented the property as her primary residence to obtain a better mortgage rate, even though she is required to reside in New York as attorney general.
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