Well, we got some breaking news we want to get to. A grand jury has decided once again not to indict New York Attorney General Leticia James on allegations she engaged in mortgage fraud. Let's bring in MS Now senior investigative reporter uh Carol Lenig.Carol, uh this is the third time. It is not a char not a uh not a charm. >> Yeah, it is not a charm, Katie.This is the third time the Justice Department at the direction of the president of the United States has tried to indict Leticia James, one of his perc ...

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]

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 ...

Legal Proceedings & Indictment Challenges - The case against former FBI Director James Comey faces potential dismissal due to irregularities in the grand jury process, specifically the final indictment not being presented to the full grand jury [1][5] - The defense argues for dismissal based on vindictive prosecution, citing President Trump's alleged use of the DOJ to target a political enemy [3][10] - Questions arise regarding the lawful appointment of Interim US attorney Lindseay Halligan, adding another layer of challenge to the indictment [3][10] - Prosecutorial misconduct is alleged against Halligan for providing improper instructions to the grand jury [11] Key Figures & Potential Outcomes - Judge Curry is expected to rule before Thanksgiving on the legality of Halligan's appointment [13] - A ruling on the magistrate judge's order to release grand jury records and recordings is imminent, potentially exposing further issues [12] - The judge is expected to rule next month on the issues of vindictive prosecution [13] Analysis & Predictions - Legal experts suggest the case is weak and unlikely to reach a jury, with multiple grounds for dismissal [7][10] - The statute of limitations has expired, preventing refiling the indictment if it is dismissed [6] - The situation is expected to worsen for the government before it improves [13]

Joining us now is Ty Cobb, former White House attorney in the first Trump administration. Uh, it's good to see you. Look, um, all of us knew that um, Miss Halligan is not someone who was experienced, not at all experienced in these kinds of court cases.Nevertheless, what do you make of this latest reporting. >> It's shocking. Um, you couldn't find a high school stock boy at Home Depot who could have handled this more ineply than Lindsay Hallan did.um you know taking a uh indictment that the grand jury never ...

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 ...

John Bolton just made his first court appearance pleading not guilty to charges alleging that he mishandled classified information. Comes after he surrendered to authorities earlier this morning. Just yesterday, Bolton, now a prominent critic of President Trump, was indicted by a federal grand jury.He's charged with eight counts of transmission of national defense information and 10 counts of unlawful retention of that information, 18 counts in all. Let's go right to our senior legal correspondent, Laura Ja ...

Ever since Donald Trump came back into office, he has been asked repeatedly about whether he will indict his political opponents. And just about every time, he's given the same response. >> Are you willing to take this all the way to indictments? >> Well, it's up to Pam Randy, who's doing a terrific job. >> Well, I just want to be fair. It's up ultimately it's up to Pam. I don't want to take a position on it because that's going to be up to Pam. >> It's up to Pam. Is it though? I mean, Attorney General Pam ...

Legal & Judicial Process - The indictment of former FBI director James Comey is based on the findings of a grand jury [1] - The Senate Judiciary Committee launched an active investigation into the subject back in 2020 [1] - The judicial system is trusted to sort out the allegations against Comey [1][2][3][5][6][7][9] - Comey will have his day in court, and if innocent, the charges will be thrown out [1] - A grand jury of 14 members thought pursuing the allegations against Comey was worthwhile [2] Political Context - President Trump publicly pushed for the prosecution of Comey [1] - President Trump has been a vocal critic of James Comey for years, stating he fired Comey because he was a "bad cop" and a "dirty cop" [1] - There are concerns about whether the president is pressuring the Justice Department [3] - The president's past statements and actions suggest a potential political motivation behind the prosecution [1] - The current time is highly charged with political motivations and allegations [8][9]

Legal Analysis of the Comey Indictment - Legal experts and former prosecutors consider the indictment against James Comey exceptionally weak due to fundamental problems with the case and unusual preceding events [1] - The defense may argue vindictive prosecution, citing the president's urging of the Attorney General to pursue the indictment [2][3][4] - Motions for vindictive prosecution rarely succeed, but the president's explicit directives provide strong evidence [5] - James Comey intends to fight the charges and claims innocence [5] Concerns Regarding the Prosecution - The indictment is described as unusually thin, lacking detail [10] - There are suggestions of pressure to secure the indictment, potentially overriding standard prosecutorial practices [4][14] - One legal expert suggests the situation is abnormal, with potential ethical breaches [12][14] - Concerns are raised about the potential for retaliatory prosecutions and the erosion of the rule of law [17] Key Evidence and Testimony - The indictment stems from Comey's 2020 Senate Judiciary Committee testimony where he denied being an anonymous source in news reports [7] - The government argues Comey knew about anonymous leaks, contradicting his testimony [10] - McCabe's testimony is cited, indicating he didn't inform Comey in advance of the leaks [11]