Letitia James Battles Federal Probe Into Alleged Selective Enforcement in Trump and NRA Cases
New York Attorney General Letitia James is fighting a federal criminal investigation into alleged “selective enforcement” in her prosecutions of former President Donald Trump’s business empire and the National Rifle Association, according to court documents unsealed Friday.
Judge Lorna Schofield, an Obama appointee, ordered the filings made public, noting that the case raises “matters of national concern, with implications that stretch well beyond this action.”
“Unsealing this action is not only permissible but compelled,” Schofield wrote. “The information at issue is not secret.”
The unsealed records reveal that in August 2025, acting U.S. Attorney for the Northern District of New York John A. Sarcone III issued subpoenas related to James’ civil fraud cases against Trump and the NRA.
James herself was indicted two months later in a separate mortgage-fraud investigation in Virginia, facing two felony counts of alleged bank fraud and making false statements.
Her legal team is now trying to block the Justice Department’s subpoenas, arguing they stem from “retaliation by the Executive Branch,” violate state sovereignty, and rely on the “improper appointment” of the acting U.S. attorney.
In an October 15 filing, James’ attorneys accused Trump—now back in the White House—of using federal power for personal retribution.
“Now that he has returned to the Oval Office and placed his personal lawyers at the highest levels of DOJ, Trump is using the grand jury subpoena power to target the Office of the New York State Attorney General,” the filing states. “This is a calculated campaign to harass a law enforcement agency that held Mr. Trump and his Organization to account.”
James first sued Trump in 2022, accusing him of inflating property values to obtain favorable loans. She won a $454 million civil fraud judgment in February 2024, but a New York appeals court overturned the penalty in August 2025, calling it “excessive” while still affirming findings of fraud.
According to her attorneys, the DOJ is relying on a dissenting judge’s opinion from that case that cited James’ political bias—an argument they say is insufficient to justify federal subpoenas. They also contend the subpoenas are void because the acting U.S. attorney was appointed outside constitutional bounds.
“The Executive Branch has repeatedly endeavored to give handpicked lawyers the vast powers of U.S. Attorneys without the inconvenience of Senate confirmation,” her lawyers argued. “Congress did not design its vacancy scheme to permit the Attorney General to appoint whomever she wants, whenever she wants.”
James is also seeking to dismiss her Virginia mortgage-fraud charges by contesting the appointment of Interim U.S. Attorney Lindsey Halligan—the same prosecutor who indicted former FBI Director James Comey for allegedly lying to Congress and obstructing an investigation. Trump appointed Halligan just days before Comey’s indictment
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