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President Trump had appointed Lindsey Halligan as interim U.S. attorney for the Eastern District of Virginia, but that appointment was later deemed invalid. Undeterred, prosecutors attempted to regroup and seek a new indictment in Norfolk, Virginia last week. That effort also failed.
The Justice Department declined to comment on the most recent grand jury decision, leaving unanswered questions about why officials continued to push a case that repeatedly failed to gain traction.
James’ attorney, Abbe Lowell, wasted no time blasting the DOJ after the latest rejection. “For the second time in seven days, the Department of Justice has failed in its clear attempt to fulfill President Trump’s political vendetta against Attorney General James,” Lowell said.
He went further, accusing federal officials of damaging their own credibility. “This unprecedented rejection makes even clearer that this case should never have seen the light of day,” Lowell added.
Lowell also issued a sharp warning against future attempts to revive the case. “This case already has been a stain on this Department’s reputation and raises troubling questions about its integrity. Any further attempt to revive these discredited charges would be a mockery of our system of justice.”
Before the original charges were dismissed, James had entered a not guilty plea related to allegations surrounding a mortgage on a home in Norfolk. Prosecutors claimed she improperly listed the property as a second residence, a designation that allegedly saved her roughly $50 per month on her mortgage payment. The relatively minor financial allegation raised eyebrows from the start, particularly given the aggressive federal response.
Legal experts note that grand jury rejections are exceedingly rare, since the process overwhelmingly favors prosecutors. At that stage, the government needs to convince only 12 of at least 16 jurors that probable cause exists. That is a far lower threshold than the unanimous verdict required at trial.
Justice Department policy typically requires prosecutors to pursue charges only when a conviction is likely. In this case, career prosecutors in the Eastern District of Virginia reportedly concluded the evidence simply was not strong enough. That internal resistance reportedly led to the resignation of Erik Siebert, President Trump’s own nominee to lead the office, after he faced pressure to move forward anyway.
With three separate grand juries now declining to indict, the effort to criminally prosecute Letitia James appears to be on life support. For critics of the Justice Department, the repeated failures reinforce claims that the case was more about politics than justice.
As the dust settles, the unanswered question remains whether federal officials will finally walk away or attempt yet another revival of a case that juries have now rejected time and again. For now, the message from Virginia is unmistakable. The grand jury has spoken, and it wants no part of this prosecution.
