The Justice Department failed to secure an indictment against New York Attorney General Letitia James, a person familiar with the matter told NBC News.
The
presentation to the grand jury came less than two weeks after the original
criminal case against her was dismissed.
James, a
frequent political target of President Donald Trump’s who had successfully
brought a fraud lawsuit against him, had previously been
indicted by a grand jury on one charge of bank fraud and another of making
false statements to a financial institution.
James has
denied any wrongdoing. In a statement Thursday in response to reports that a
grand jury did not re-indict her she said, "As I have said from the start,
the charges against me are baseless. It is time for this unchecked
weaponization of our justice system to stop."
"I am
grateful to the members of the grand jury and humbled by the support I have
received from across the country. Now, I will continue to do my job standing up
for the rule of law and the people of New York," James said.
Lindsey
Halligan, the acting U.S. attorney for the Eastern District of Virginia and a
former personal attorney to Trump with no prior prosecutorial experience,
presented the case to a grand jury on her own in the first go-round — and that
case was declared void on Nov. 24 when a judge found Halligan’s appointment was unlawful.
The
Justice Department initially vowed to appeal the ruling by U.S. District Judge
Cameron Currie, but ultimately decided to seek a new, untainted indictment
against James, a source familiar with the deliberations told NBC News earlier this week.
The new
case was presented to a grand jury in Norfolk, Virginia, by different
prosecutors.
The
failure to secure an indictment on Thursday does not bar prosecutors from
attempting to do so again in the future.
A separate
source familiar with the matter said there “should be no premature
celebrations.”
The
Justice Department does not comment on grand jury matters.
Prosecutors
have also been discussing trying to again bring a case against former FBI
Director James Comey, who was indicted in October on charges of making a false
statement to Congress and obstructing a congressional investigation.
Currie
dismissed the case against him on the same day she tossed the case against
James on the same grounds.
Trump
named Halligan U.S. attorney for the Eastern District on Sept. 20, the day
after he forced out his initial pick, Erik Siebert, who resisted pressure to
prosecute Comey and James.
The
Halligan appointment also came after Trump urged Attorney General Pam Bondi in a social media
post to push ahead with prosecutions of Comey, James and another perceived
political adversary, Democratic Sen. Adam Schiff of California.
“Pam: I
have reviewed over 30 statements and posts saying that, essentially, ‘same old
story as last time, all talk, no action. Nothing is being done. What about
Comey, Adam ‘Shifty’ Schiff, Leticia??? They’re all guilty as hell, but nothing
is going to be done,’” Trump said the post, which a source previously confirmed to NBC News the president had
intended as a direct message to Bondi, not a public post.
“We can’t
delay any longer, it’s killing our reputation and credibility,” Trump
continued, while praising Halligan as “a really good lawyer.”
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