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'Persecution, not prosecution': Ex-U.S. attorney on Trump DOJ’s failed pursuit of Letitia James
MSNBC· 2025-12-05 02:19
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]