By Andrew Goudsward
WASHINGTON (Reuters) -New York Attorney General Letitia James on Friday asked a federal judge to throw out a federal criminal case against her, arguing it was retaliation by President Donald Trump for her office’s civil fraud lawsuit against him and his family business.
The filing from James, an elected Democrat, argued the case is an improper “vindictive” prosecution meant to punish her for her criticism of Trump and her work as New York attorney general.
“President Trump and his allies have used every insulting term in their vocabulary to deride AG James and call for criminal penalties in retaliation for the exercise of her rights and fulfillment of her statutory duties to fulfill her obligations as New York state’s attorney general,” James’ lawyers wrote in a court filing.
A Justice Department spokesperson declined to comment. Prosecutors are due to respond to the claims later this month.
James faces charges of bank fraud and making a false statement to a financial institution for allegedly using a Virginia home as an investment property in violation of loan terms that required her to make it a secondary residence.
James has pleaded not guilty and accused the Trump administration of using the justice system as a “tool of revenge.”
James last year secured a $450 million civil fraud judgment against Trump after a judge found he fraudulently overstated his net worth to dupe lenders. A New York state appeals court in August threw out the penalty, which had grown to more than $500 million with interest, but upheld the trial judge’s finding that Trump was liable for fraud.
The filing echoes arguments made last month by former FBI Director James Comey, who is also seeking to have a criminal false statements case against him tossed out on similar grounds.
James, Comey and former National Security Adviser John Bolton, all prominent critics of Trump, have been indicted in recent weeks after Trump pressured Justice Department leaders to move against his perceived political enemies.
Legal motions claiming vindictive prosecution face a high legal bar for success and rarely lead to the dismissal of charges, but some legal experts have said that James and Comey may have unusually strong arguments.
The indictments against both Comey and James were secured by Lindsey Halligan, top federal prosecutor in the Eastern District of Virginia. Halligan, a former personal lawyer for Trump with no prior prosecutorial experience, was put in the role at Trump’s urging after he forced out her predecessor over his reticence to prosecute Comey and James.
U.S. District Judge Jamar Walker, who is overseeing the case, has scheduled a December 5 hearing to consider James’ claims.
(Reporting by Andrew Goudsward; Editing by David Gregorio)
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