Letitia James blasts prosecutor in criminal case for “unusual and improper” conversation with journalist
Lawyers for New York Attorney General Letitia James on Thursday took aim at the Trump-appointed prosecutor who oversaw his bank fraud case, accusing Acting U.S. Attorney Lindsey Halligan of an inappropriate conversation with a reporter and vowing to seek dismissal of the indictment on the grounds that Halligan was illegally appointed to this position.
Both legal filings took place the day before James was scheduled to appear Friday in federal court in Norfolk, Va., on costs of bank fraud and false declarations to a financial institution. Prosecutors allege James purchased a home in Virginia and agreed to use it as a second home, but eventually rented it out and used it as an investment property.
James has denied any wrongdoing and accused the Justice Department of political retaliation, after James sued President Trump in civil court and obtained a nine-figure fraud judgment. The fine was later deleted entirely by a court of appeal.
James to challenge Halligan nomination
In a two-page legal filing, James’ attorneys alerted the court that they would file a motion Friday “to dismiss the indictment challenging the unlawful appointment of U.S. Attorney for the Eastern District of Virginia Lindsey Halligan.”
The filing did not present the argument his lawyers planned to make.
Lawyers for former FBI Director James Comey also challenged Halligan’s nomination earlier this week, argue the accusations against him for allegedly lying to Congress should be dismissed on the grounds that she was “improperly appointed to her position.”
Halligan was appointed after the previous acting U.S. Attorney, Erik Siebert, resigned after nearly eight months on the job. The docket is typically subject to a 120-day limit, but in Siebert’s case, judges in the Eastern District of Virginia voted to extend his term after the 120-day period had passed. Comey’s lawyers say the 120-day delay began when Siebert took office in January, rendering Halligan’s appointment invalid.
Several other temporary U.S. attorneys have faced similar challenges to their eligibility in recent months, including top federal prosecutors in New Jersey And Nevada.
James alleges Halligan broke Justice Department rules by speaking with reporter
James also asked a judge Thursday to bar the Justice Department from releasing material from the case and investigative information to the media, in a court filing criticizing Halligan for sending a text message to a reporter last weekend criticizing coverage of the case.
Anna Bower, an editor at Lawfare, wrote earlier this week that Halligan sent her unsolicited messages on the encrypted app Signal that criticized her for sharing a New York Times article about the James case on social media. Bower says Halligan accused her of “jumping to conclusions” and sharing “biased” information that was “far from accurate.”
“You are biased. Your reporting is not accurate. I am handling the case and I’m telling you that,” a message from Halligan read, according to Bower.
In the filing Thursday, James’ lawyers called Halligan’s messages to Bower “unusual and inappropriate” and a “stunning disclosure of internal government information.”
They argued the conversation violated court rules and internal Justice Department policies that prohibit the sharing of grand jury information and restrict out-of-court statements by prosecutors. By casting doubt on the accuracy of the Times article, James’ lawyers said, Halligan was “commenting on the evidence in the case and what she likely learned from the grand jury testimony.”
The disclosure could harm James’ right to a fair trial, his lawyers said.
“It was reported that Ms. Halligan had no prosecutorial experience,” the filing states. “But all federal prosecutors are required to know and follow the rules governing their conduct from their first day on the job, and therefore any lack of experience cannot excuse their violation.”
CBS News has contacted the Justice Department for comment.
The Justice Department has faced similar pressure in other cases.
Last month, lawyers for UnitedHealthcare CEO Luigi Mangione’s accused shooter asked a judge to bar federal prosecutors to seek the death penaltyaccusing federal and New York authorities of violating his rights. They highlighted statements by Attorney General Pam Bondi calling the killing a “premeditated, cold-blooded assassination” and criticized a criminal march organized in late 2024 by federal and local authorities that resembled a “scene out of a Marvel movie.”
