Letitia James, Rogue Prosecutor

New York AG Letitia James told the public, even before she was elected, that she was going to legally prosecute Donald Trump. She filed a civil lawsuit for fraud in 2022, and claimed that his “scheme” was to gain more favorable lending conditions and insurance deals.

Now James will be investigated by the Department of Justice for her actions:

The Department of Justice convened a grand jury to investigate New York Attorney General Letitia James, marking an escalation in President Donald Trump's fight with New York's top prosecutor. The investigation is being run out of Albany and focused on possible deprivation of rights allegations, two well-placed sources familiar with the probe told Fox News Digital The investigation, which came at the direction of Attorney General Pam Bondi, is in an early stage, but Fox News Digital has learned that James's office received subpoenas for documents this week, including for information related to her civil fraud lawsuit against Trump.

To judge James’ actions as a prosecutor, it’s helpful to understand just what a prosecutor is supposed to do, the standards she is held to, and the penalty for violating those standards. What are the duties of a prosecutor?

In a nutshell, a government prosecutor’s job is to seek justice for criminal wrongs committed against victims and society. They work for a local, a state, or the federal government. On a daily basis, prosecutors are investigating and charging crimes, negotiating plea deals, and trying cases in court. This means they are meeting with investigators, victims, witnesses, and defense attorneys. [snip] Prosecutors have an ethical duty to only file criminal charges in cases that they believe they can prove. They are stewards of public resources and must not bring frivolous, vindictive, or malicious cases. (Italics are mine)

Since James threatened to prosecute Trump before she was even elected, her motivations are seriously suspect.

The case for fraud is also in doubt. Fraud requires that the other party suffer damages. In Trump’s situation, no one protested his property valuations or claimed they were harmed. The banks conducted their own due diligence.

Finally, the action of overvaluing property is a common real estate tool:

‘Shark Tank’ star Kevin O’Leary described the massive fines levied against Trump in the civil fraud case as ‘appalling; and ‘un-American.’ Which would be accurate descriptors of James's entire tenure as AG. ‘What developer doesn’t ask for the highest price valued for any building they built?’ he told the New York Post. It is a reference to the crux of James’ argument, that Trump overvalued his properties. Which everybody in the real estate business does. Even Don Peebles, a former prominent fundraiser for both of Barack Obama’s presidential campaigns, hammered Tish for going after Trump, not based on enforcing the law, but as a personal attack. ‘I have expressed concern that I think that this is a very slippery slope to selectively enforce an archaic law that has got no victim,’ he stated.

In addition to the decisions that the secretive grand jury may reach, there are punishments for prosecutor abuses:

Prosecutors who abuse their discretion can face repercussions, although the options aren't always obvious. An aggrieved person may:

• Ask for a legal remedy. Prosecutors are subject to state and federal constitutions, which require them to uphold due process rights and equal protection of the law (for example, a prosecutor cannot present false evidence or discriminate during jury selection). Although difficult to win, defendants can bring claims of unconstitutional treatment.

• Refer them to professional disciplinary bodies. Prosecutors are generally immune from prosecution for their advocacy decisions, but they are still subject to rules of professional conduct. Bodies, like their state bar agencies and the Department of Justice’s Office of Professional Responsibilities, examine claims of prosecutorial misconduct and poor judgment.

• Initiate an internal review. Though some might see this as an ineffectual attempt for an office to ‘police itself,’ this avenue might have merit and get results.

• Vote them out and push for their firing. Prosecutors can be removed if they are viewed as abusing their discretion. Those who stand for office can be voted out, and those who are appointed by the executive branch of government (such as the President or a governor) can be fired.

Whether the grand jury calls for an indictment or not, Letitia James is likely in hot water regarding her handling of the case against Donald Trump.

I hope they throw her out.

[originally published in American Thinker]