NEWS: After DOJ leak, Letitia James asks judge to toss Trump’s revenge prosecution
The president’s prosecutor leaked details of her own case — the same kind of conduct Trump once claimed was a crime.
BOTTOM LINE UP FRONT
New York Attorney General Letitia James will be arraigned Friday in Norfolk, Virginia, on felony charges brought by Donald Trump’s personally appointed U.S. Attorney. But James is fighting back by asking the judge to throw out the case altogether because it’s tainted by scandal and DOJ leaks.
WHAT HAPPENED
Today, Letitia James will appear in federal court after filing a motion to dismiss the president’s revenge indictment, arguing that hand-picked Trump lawyer Lindsey Halligan was illegally appointed and was caught this week secretly texting a reporter about grand-jury evidence.
James’s legal team, led by Abbe Lowell (full disclosure: he’s also my lawyer), filed notice with the court yesterday about their plans. Lowell asked the judge to issue a gag order on federal prosecutors, after Halligan texted a journalist over Signal to defend the “strength” of her evidence against James. Those messages, reported by Lawfare’s Anna Bower, included Halligan saying:
“I can’t tell you everything, but your reporting in particular is just way off.”
That message set off a text exchange with the reporter, including Halligan’s efforts to shift the coverage of the case. James’s team called the texts from Halligan “a stunning disclosure of internal government information” that violated DOJ rules, the Federal Rules of Criminal Procedure, and basic ethical standards. Now they’re asking the court to bar Halligan from any further extrajudicial statements and to require prosecutors to keep a public log of all media contacts.
The irony could not be sharper here. Trump and his allies have spent years railing against leaks by past officials — even indicting people like former FBI Director James Comey partly because of leaks about his investigations — yet Trump’s own prosecutors are now leaking in real time to shape the headlines of their revenge trials.
Most importantly, James’s legal team notified the court that they will move today to dismiss the indictment altogether, arguing not only that Halligan’s actions have tainted the case but that her appointment itself is illegitimate.
“Please take notice,” the filing reads, “that Letitia James, by counsel, will file her motion to dismiss the indictment that challenges the unlawful appointment of Lindsey Halligan.”
The motion explicitly references Comey’s similar challenge in his own prosecution, suggesting the two cases “should likely be consolidated.”
WHAT IT MEANS
The president who demanded prosecutions of James Comey, John Bolton, and others for “improper disclosures” is overseeing prosecutors who apparently disclose their own grand-jury deliberations to reporters. There are plenty of other (and more important) reasons the Letitia James case should be dropped, not least of which is that it’s clearly a selective and vindictive prosecution.
But it’s hard to overstate the hypocrisy.
In fact, just last week CNN ran a detailed, inside account of the John Bolton case, packed with details that appear to come from senior officials, including quotes from inside the FBI, the Director’s private deliberations about the case, and references to internal briefings. Let’s put this into perspective: Trump’s people appear to be talking to the press about a classified-information investigation in which their own allegation is that John Bolton mishandled sensitive information. So they’re leaking about “the leakers” who they’re prosecuting.
And if Trump’s hand-picked people aren’t the ones dishing to the media, then who is? Shouldn’t DOJ and the FBI be launching investigations to find the culprits? They don’t appear to have done so. To me, that’s a tacit admission that, yes, Trump’s top officials are the ones spilling the beans.
The president who vowed to “de-weaponize” justice has created the most openly political Justice Department in modern American history, and he’s running it on the principle that laws apply only to Trump’s critics. Now one of his own people is under fire for the very misconduct Trump once called treasonous.
WHAT’S NEXT
The Letitia James indictment has been bungled from the start. Two career prosecutors in the Eastern District of Virginia resigned in protest after objecting to the case, and the original U.S. attorney was forced out for refusing to bring it. Within days, Trump installed Halligan into the office. The speed of the swap made clear that this wasn’t a law-enforcement action but a directive to indict a foe.
At 11 a.m. ET today, James will get to have her say. She will appear before U.S. District Judge Jamar Walker in Norfolk, and as noted, her lawyers plan to argue that Halligan’s appointment — and her conduct — invalidate the entire prosecution. The challenge could do more than get the case tossed out. It might also force Trump’s personal prosecutor to defend her other indictments and her legitimacy.
The president promised to make “retribution” the theme of his second term. Today’s hearing will be another test of whether his revenge machine can operate unchecked — or whether, for once, the law fights back.
P.S. WHAT’S HAPPENING ON TREASON
Here’s what’s coming up.
TODAY / Fri, Oct 24 @ 3pm ET - ex-CIA leader Sue Gordon - One of my all-time favorite guests is back with me. Former Trump intelligence chief Sue Gordon and I will take stock of the week — and what’s to come. You can join here.
Mon, Oct 27 @ 3pm ET - The 2026 midterm fight begins w/ Senate Candidate Amy McGrath - She’s running for the open U.S. Senate seat in Kentucky, and she’s a fighter pilot with a laser-focus on democracy. Now is the time to start talking about how important the midterm elections are. You can join here.
Tues, Oct 28 @ 3pm ET - EXCLUSIVE - New Book Release - Autocrats vs. Democrats w/ Ambassador Michael McFaul - I will be welcoming former senior Obama official Michael McFaul for the official release of his new book, which you can pre-order online. His tome outlines America’s future on a turbulent world stage. You can join here.
This retribution campaign is so ludicrous & reminiscent of the Keystone Cops. Blunder after blunder, Halligan just can’t get out of her own way. Apropos that she’s a DJT appointee, neither one is capable of “getting it right”. We’re with you AG James!
Thank you Miles!