Legal Proceedings & Potential Vindictiveness - The Eastern District of Virginia faced embarrassment and disappointment due to difficulties in obtaining an indictment against Tish James [1] - The repeated attempts to indict Tish James could strengthen her argument that the administration is vindictively targeting her [3][15] - The grand jury's initial declination to indict raises questions about the strength of the case against Tish James [4] - The standard for indictment at the grand jury stage is probable cause, a lower threshold than the "beyond a reasonable doubt" standard required for conviction at trial [18] - Continued failure to secure an indictment could support a motion to dismiss the case on grounds of vindictiveness [15] Allegations & Defense - Tish James's actions, including advocating for the people of New York, are being scrutinized, with allegations suggesting the president is seeking retribution [5] - The core issue involves claims that Tish James improperly benefited from federal government assistance to become a homeowner [7] - Tish James denies the charges, asserting they are baseless and represent a weaponization of the justice system [12] - Tish James's office argues that the attempts to indict her are linked to her previous legal victories against Donald Trump and the National Rifle Association [9][10][11] Rule of Law & Abuse of Power - Concerns are raised that powerful individuals are abusing their positions to punish independent elected officials [23] - The situation is characterized as a potential perversion of independent prosecution, resembling persecution rather than legitimate prosecution [24]

With their case against former FBI director Jim Comey faltering in a court of law, Team Trump appears to be taking their case to the tabloids. Speaking out in the pages of the New York Post today, Trump appointed prosecutor Lindseay Haligan. She has brought the cases against two people high on Donald Trump's enemies list, Jim Comey and New York Attorney General Tish James.After what could only be described as a very bad day in court, where Halligan had to admit that she did not present the two-count indictm ...

So, let's get to our other top story. In an extraordinary concession in court yesterday, prosecutors in the federal case against former FBI Director James Comey admitted the final indictment against him was never presented to the full grand jury. Interim US Attorney Lindseay Halagan, who has had no prior prosecutorial experience, initially presented a three-count indictment, but the jury rejected one of those counts, Justice Department lawyers said yesterday.Then rather than drafting and presenting a new tw ...

Is this the hearing that could cause President Trump's crusade against James Comey and Leticia James to unravel. Well, today lawyers for the former FBI director and New York Attorney General asked the court to disqualify the Trump loyalists who brought charges against them in separate cases. They argue that Lindseay Haligan was illegally appointed after the prior prosecutor resigned under pressure for arguing the evidence wasn't there to charge Comey and James.Her appointment also came two days after Presid ...

Legal Challenges & Motions - Defense seeks dismissal in Leticia James's case, citing US Attorney Lindsey Halligan's appointment legality, similar to James Comey's case [1][3] - Validity of indictment hinges on whether Lindsey Halligan was lawfully appointed, as she was the only person who went into the grand jury and signed the indictment [3][4] - Motions regarding Lindsey Halligan's appointment legality in Jim Comey and Leticia James' cases have been consolidated [3] - Defense may argue vindictive or selective prosecution, given career prosecutors initially found insufficient evidence and were subsequently replaced [5] Case Weakness & Unusual Circumstances - Legal experts suggest the case is weak, raising the likelihood it may not proceed to trial [4][5] - A career prosecutor's memo indicated the alleged profit from James's mortgage favorable interest rate might have been as small as $15 per month, questioning criminal intent [9] - The case is unusual due to the small amount of money involved, even if fraud existed [13] - Career prosecutors have deemed the case unsuitable for prosecution by the Justice Department [11][19] Potential Weaponization of DOJ - Concerns raised about the weaponization of the Department of Justice against perceived enemies [15][27] - Allegations that professional judgment of career prosecutors is being overridden for political and vengeful motives [28] - President's comments about Adam Schiff could undermine the prosecution's ability to see the case through, potentially fueling a vindictive prosecution motion [23] - Confirmation of a grand jury investigation, even indirectly, may violate federal rules [24][25]

Joining us now, MSNBC justice and intelligence correspondent Ken Delaney and MSNBC legal correspondent Lisa Rubin, former deputy assistant attorney general Tom Dri and lawfares legal fellow and courts correspondent Anna Bower. Anna had an interesting few days. We're going to get to that in just a moment. Ken, let me start with you. This legal filing, a lot of words, a lot of different ways to say one thing. This case is political retribution and that is illegal under the law. Yeah, that's right, Katie. And ...

Political Commentary & Potential Abuses of Power - The Justice Department may be perceived as a tool of weaponization, potentially prosecuting individuals based on the president's will rather than justice [1] - Concerns exist regarding the firing or prosecution of individuals within the Department of Justice for not complying with the president's demands [1] - The current political climate is described as an "authoritarian breakthrough moment," emphasizing the need for leaders and institutions to recognize its temporary nature [1] Protests & First Amendment Rights - Peaceful protests are viewed as essential for exercising First Amendment rights, especially when those rights are under attack [1] - There is a concern that authorities are setting a predicate for a crackdown on protests, potentially linking organizations to terrorist groups [1] - The importance of maintaining commitment and joy in demonstrations of people power is highlighted, regardless of attempts to smear protesters [1] Call to Action & Resistance - Citizens are encouraged to stand up to perceived autocracy, drawing parallels to the American colonists' resistance to tyranny 249 years ago [1] - The need for individuals to resist illegal or unconstitutional orders is emphasized, suggesting resignation or pushing back as alternatives to compliance [1] - The current administration's actions are likened to authoritarian and fascist tactics, including the prosecution of political enemies and the demonization of opponents [3]

Breaking news about another one of Donald Trump's critics and perceived enemies being targeted today, this afternoon, right now, for criminal prosecution. Two people familiar with the proceedings telling MSNBC that acting US Attorney Lindseay Haligan has presented evidence to bring criminal charges against New York Attorney General Leticia James to a grand jury. Sources telling MSNBC that the office is currently awaiting the grand jury's decision on whether or not to indict James on charges of mortgage frau ...

She said two words and only two words in the courtroom today. It was her first appearance as a prosecutor in an arraignment in her career as a prosecutor. And career is a very strong word to use for someone who has so far spent exactly 12 work days of her life in that career. If you're a kindergarten student in America tonight, first of all, you should be asleep at this hour. And second of all, you already have a longer career as a kindergarten student than Donald Trump's new favorite prosecutor has as a pr ...

Legal Proceedings & Potential Outcomes - The case against James Comey is viewed by some legal experts as a vindictive and selective prosecution [1] - The defense plans to file motions around selective malicious prosecution, acknowledging the high legal bar [4] - Evidence suggests actual vindictiveness from the government towards Comey could lead to the case's dismissal [7][8] - Concerns exist regarding the unusual handling of the case, including the appointment of inexperienced prosecutors and the lack of clarity regarding the alleged false statements [1][2] - The defense argues the prosecution is targeting Comey in a way that wouldn't be applied to others [7] Key Individuals & Their Roles - Former FBI Director James Comey pleaded not guilty in federal court [1] - Lindseay Halligan, a prosecutor with limited experience, was handpicked to lead the case after the previous US attorney refused to indict Comey [1] - Patrick Fitzgerald, Comey's defense lawyer, intends to file motions challenging the prosecution [1][4] - Morin Comey, James Comey's daughter and former federal prosecutor, was present at the arraignment [1] Political Context & Motivations - President Trump's repeated calls to prosecute Comey are noted as a driving force behind the case [1] - The prosecution is perceived by some as a means to keep Comey under a cloud of suspicion, regardless of the ultimate verdict [1] - A message from Trump urging Comey's prosecution was accidentally posted publicly, suggesting a personal agenda [4][5]