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Letitia James Moves to Toss Federal Mortgage Case as Vindictive Prosecution

A Dec. 5 hearing will test her claim that the case is retaliation linked to her civil fraud suit against President Trump.

Overview

  • James filed a motion on Friday seeking dismissal of the two-count indictment, asserting vindictive and selective prosecution driven by the president’s animus.
  • Her lawyers attached more than 350 of Trump’s public statements to support the claim and cited alleged disparate treatment of other officials with similar mortgage issues.
  • James has pleaded not guilty to bank fraud and false-statement charges tied to a Norfolk, Virginia home that prosecutors say was misrepresented as a secondary residence, allegedly yielding about $19,000 in savings.
  • U.S. District Judge Jamar Walker set a Dec. 5 hearing on the motion, and prosecutors are due to respond later this month.
  • James is also contesting Lindsey Halligan’s authority as the Eastern District of Virginia U.S. attorney and seeking to quash a separate DOJ subpoena, as legal experts note such dismissal bids face a high bar with trial set for Jan. 26, 2026.