Overview
- James filed a Nov. 7 motion to dismiss the two-count indictment as vindictive and selectively enforced, appending hundreds of Trump statements and remarks from his allies to show alleged animus.
- She is charged with bank fraud and making a false statement tied to a 2020 Norfolk, Virginia, mortgage, has pleaded not guilty, and is accused of securing a lower rate by misrepresenting the home's use, allegedly saving about $17,000 to $19,000.
- The case was brought in the Eastern District of Virginia by Lindsey Halligan, a newly installed U.S. attorney with no prior prosecutorial experience who was elevated after Erik Siebert was pushed out at Trump's urging.
- U.S. District Judge Jamar Walker set a Dec. 5 hearing on the dismissal bid, prosecutors are due to respond later this month, and a Jan. 26, 2026 trial date remains on the calendar.
- James is separately challenging Halligan’s appointment and seeking to quash a subpoena in a related Justice Department probe, as her filing mirrors arguments also advanced by former FBI Director James Comey.