Below is my column in the New York Post on the criminal referral of a mortgage fraud case against New York Attorney General Letitia James. After her scorched-earth campaign against Trump, the irony of the allegations is stunning. If James were to move from prosecutor to perp, her own words may come back to haunt her. There could be statute of limitations issues, though James herself showed such such statutory periods can be stretched. James has issued a statement of defiance and suggests that this is lawfare or bullying by the Trump Administration.
Here is the column:
“No matter how big, rich or powerful you think you are, no one is above the law.”
Those words by New York state Attorney General Letitia James echoed throughout the media, lionizing her after her office secured a judgment against Donald Trump for false business practices, including misrepresentations on loan documents.
They may echo even louder this week as James finds herself the subject of a criminal referral for committing alleged financial fraud to secure her own property loans.
On April 14, William J. Pulte, Director of US Federal Housing (FHFA), sent a referral letter to the Justice Department detailing alleged false statements made in filings by James to secure housing loans.
For an attorney general who just prosecuted Trump for everything short of ripping a label off a mattress, the irony is crushing.
The alleged false statements are particularly damning for someone who insisted that she had zero tolerance for such irregularities or errors in financial filings.
Indeed, the greatest danger is that the Letitia James standard could be applied to Letitia James in guaranteeing that “no one is above the law.”
The allegations against James run from the demonstrably false to the downright bizarre.
In securing a loan for a home in Norfolk, Va., James is accused of claiming through her representative that the property would be her principal residence.
As the referral notes, primary residences receive more advantageous rates.
However, as “the sitting New York Attorney General of New York [James] is required by law to have her primary residence in the state of New York.”
Notably, the Justice Department has prosecuted those who have committed this common fraud.
For example, in 2017, it charged a man in Puerto Rico with false statements on a reverse mortgage loan application in which he falsely claimed the property as his principal residence.
It emphasized that “mortgage lenders provide capital so people can purchase homes, not enrich themselves illegally.”
There are other such cases under 18 U.S.C. 1014 and related laws.
James could claim that these representations were made by a third party acting on her behalf.
However, that is precisely the argument that she repeatedly rejected in the Trump case, insisting that he was legally obligated to review all filings made in his name or that of his companies.
James is also accused of misrepresenting a five-unit property in Brooklyn as a four-unit property “to receive better interest rates … and to receive mortgage assistance through [the Home Affordable Modification Program].”
The referral also includes a claim that James filed papers that listed herself and her father as a married couple.
The referral notes that just last year, Baltimore’s State Attorney, Marilyn Mosby, was convicted by the Biden administration of filing a false mortgage application.
Another case resulted in a guilty plea last week for fraudulent filings in a home loan.
The timing for James could not be worse.
The Trump civil case has languished on appeal for months with a long overdue opinion.
The appellate argument did not go well for James in the case that resulted in a grotesque half-billion-dollar fine in a case where no one lost a dime.
James accused Trump of inflating property value in filings, a common practice in the real estate field.
It did not matter that the company warned banks to do their own evaluations.
It did not matter that bank officials testified that they made money on the deal. Indeed, the “victim” wanted more business from Trump.
None of that matters.
James not only demanded an even greater fine but wanted to foreclose on Trump properties after Trump was told to secure a ridiculous $455 million bond to simply secure appellate review.
Throughout that case, James repeated her mantra that there would be no exceptions for the rich and powerful.
She insisted that accuracy on such financial records is essential and must be rigorously enforced.
Many of us objected that James was selectively targeting Trump after she ran for office on the pledge to nail him on some unspecified offense.
James insisted that this was not lawfare and that she would prosecute anyone guilty of false or misleading statements on financial filings. She is now allegedly that person.
It is not clear what James’ defense will be to these allegations.
However, she may cite the Supreme Court’s recent decision in Thompson v. United States, which ruled in March that 18 U.S.C. § 1014 does not criminalize statements that are merely misleading but are not false.
The problem is that, if proven, these statements are not misleading.
They are false.
Either this was James’ principal residence, or it was not.
Either this was a four-unit property, or it was not.
The allegation is that these statements coincided with loan conditions that would give James a financial advantage.
James has one likely advantage.
She is unlikely to be prosecuted by New York prosecutors using the ridiculous law weaponized against Trump.
She emphasized that Trump did not have to produce a single penny of loss for a victim to be hit with half a billion dollars in fines.
But that was Trump and this is New York.
There will be no mob or media frenzy demanding charges.
There will certainly be no James explaining how such prosecutions are essential “because no matter how big, rich, or powerful you think you are, no one is above the law.”
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”
Excellent point. Thanks, Professor.
I was recently reminding a colleague about Trump rallies in 2016 where there were chants from the crowd “Lock her up!” in reference to Hillary Clinton. Trump went along with the chants, but did he ever do a single thing to actually prosecute? No. To a New Yorker like Trump, such empty “threats” are part of the rough and tumble of politics, not meant to be taken seriously, and while it helps cement New Yorkers’ reputation for abrasiveness, that’s a surface thing that is usually offset by a deeper basic decency. We all saw that on, for example, 9-11. “Lock her up” was just campaign rhetoric, and once the campaign was over it was bygones.
But with the SC swamp it’s different. There is no offsetting basic decency. There is no compunction about using the criminal justice system to achieve political ends, even personal political ends.
In any event, the rules are different now after what they did to Trump, and Trump is not going to be so restrained. No more bygones. And it’s hard to blame him.
“There’s nothing a leftist hates more than being held to their own standards.” –Derek Hunter
Going to be a BIG BEAUTIFUL PROSECUTION!!! Going to love the Perp walk, arraignment, and mug shot being distributed worldwide!! Then the long tortured path to legal expense bankruptcy and even a possible conviction with follow-on disbarment! Gonna sit back and enjoy the two year S-SHOW! HAHA!!!!!
one word… Karma
Sauce for the goose….
The irony is delicious. The US attorney in Virginia should bring the action on the most recent fraud. Perhaps a reasonable jury can be found there….
James is getting what she deserves, do not throw stones if you live in a Glass House. She will blame everyone including the Gov’t giving her the loans knowing she did not live in Virginia. But, this was under the Biden Administration for the loans, they let it slide because she was a powerful DEM. The trial should be in Virginia for the the loan in Norfolk. Throw the book at her.
Jonthan most likely why we have not heard fron the Appeals court in NY, on Trump case, they are afraid of the reaction from the Left Wing press and the DEMS. Overturning the NY Kangaroo Court on Trump case. Valuing Maro Logo $18 mil when its worth over a Billion plus plus and rising.
It will be interesting to see how fast, and when, her staff attorneys jump ship.
Delightful. Another DEI hire exposing her ignorance, hypocrisy, and corruption. She is legally safe in Manhattan, but it’s going to be satisfying to see her play the race card in her defense, echoed by the room-temperature IQs that are her supporters.
Legally safe in Manhattan, yes, but another angle: The land for the current place in question is in Virginia, where she may be less likely to get an easy ride.
Am I mistaken or does it almost always appear to be obnoxious unattractive women with high melanin content.
As Lt. Leaphorn, of Tony Hillerman fame, would opine – “I don’t believe in coincidences”.
It might make for an interesting subject for a doctoral thesis in anthropology/sociology.
Letitia, Fani, Ketanji, and Tanya Chutkan. Dictatorship by 6% of the population. Has anyone had enough yet?
One of the nastier side effects of affirmative action/DEI plus add in a few dollops of Oprah and “the view” and stir…
As Black Conservative Perspective states, it’s the party of low testosterone men and high calorie women.\Rabble rabble
It would be an interesting doctoral thesis. The link between high melatonin content and high crime rate could be explored.
At which university would this happen? Talk about setting lib hair on fire. But I do think it would be interesting to discover whether it is learned or innate behavior that causes this.
Someone in Europe did such a study using goverment stats from every country that reports them. In every country, including where blacks are the vast majority, the instances of reported serious crimes is highest among the population with darker skin than others. Every. Country. Even in countries where they’re a tiny monority of the population. The worst reports from Africa and ‘tribal’ populations. The researcher drew no conclusions of his own – he only reported the crime stats from around the world. The story seems to have been scrubbed from internet search results, but make of that information as you will.
Irony can be very satisfying. I think my grandmother would have called it come-uppance. ( I’m not quite sure if that is an actual word, nor how it is spelled, but it sure fits the situation.
For that matter, I’m hoping for a great deal of it from this administration.
This human ran for AG with the promise to take Trump down. So rich with irony. Very nice to see. I would guess she is feeling a bit uncomfortable right now.
One would hope that she, at the very least, feels uncomfortable. But, my money is on an ego surging with arrogance and hubris. I can’t wait to see the claims in the crooked media of a “Trump DOJ” coming after her in revenge. Deflection will be her smoke and mirror defense.
This is so rich. The trolls will have their hair on fire.
Our professor writes, “But that was Trump and this is New York. There will be no mob or media frenzy demanding charges.”
To be fair, this is not actually NY. This is a pig stye in Manhattan, railroading a state of patriots.
So! Lattie’s father is her husband? Kinda like Ilhan Omar’s brother is her husband? Did we already forget The Color Purple? Hmmmmm! Would Celie and Sofia like to comment??
As we say in these parts, what goes around, comes around 🙂
Being a resident of northern NY State, pig style is a great addition to my appellation of “cesspool” when describing just about everything south of Albany.
I miss the old NYC, before the mind virus turned them into zombies.
My husband, whom I met 4 years ago, was born on Staten Island, lived and worked in lower Manhattan on 9/11 and later lived in Brooklyn for 20 years also misses the NYC that he new long ago. We live in northern NY now where the living is safer and less expensive but he still misses the good parts of the city that are long gone.
So do I, but those parts I miss most began to vanish decades ago, even before then-Mayor Koch declared that Manhattan was for those who could afford it.
It is pure arrogance that would allow a person to go after someone so viscously, so haughtily, so righteously and so aggressively while at the same time actually committing the crimes she alleged against her target. And I do mean target.
This is the sweetest story to come down the pike in quite a while.
I think so, too. Salty Cracker is already spreading the peanut butter.
hullbobby…I am enjoying this immensely. Of course, I feel guilty enjoying another’s misfortune, but she is one person who most definitely deserves this!
do I have to write the 10000’s crimes committed by democrats, that haven’t been prosecuted?
Why is the Trump appeal in New York languishing for 7 months when all other appeals argued the same day in September were decided, typically, in 6 weeks?
Don’t they refer to it as “LAWFARE”?
IANAL, but as far as I know, since the big T is currently behind the biggest desk in the land, I feel sure I’ve read/heard something about any pending personal litigation is basically on forever hold until Jan 20, 2029
Thank you, God. Please don’t forget Jack Smith.
How terrible. Hoisting on their own petard is an old term that comes to mind. Sometimes the law is a magnificent thing that rears its blindness at the most appropriate time . And nothing gives the minions of us common folk more pleasure than seeing sanctimonious attorneys in private practice or state officials (also attorneys) that get caught in their own spider webs and intrigue. And it’s the intent that counts here even if no one was defrauded and lost money or thats what I believe Mr Trump was convicted of. In his case the Banks continued to want his business and his loans were usually paid off ahead of time. Maybe we should ask the people involved in Ms. James alleged fraud if they still wish to do business with her.
One last question, Is this a business expense or a legal expense or a personal expense. Obviously we need to look at her tax returns also. And can these alleged charges be magnified 35 times like it was done with MR Trump. Inquiring minds want to know.
We hang breathless at her fate.
I guess she is now the Fani Willis of New York, without a boy friend. A few familiar expressions come to mind.
• Feet of clay.
• What goes around comes a round.
• Too big for her breeches.
• A comeuppance.
• The Empress has no clothes.
• Too clever by half.
Hello Karma!
I thought I read elsewhere that she represented herself as married and gave her father’s name as her spouse in order to get a better rate. Perhaps that was just hyperbole in the earlier article. But if true, that would be strike 3.
If this is all true and she is ultimately convicted, will the NY Bar punish her in any way or will she continue to be treated as a cult hero? Will the NY electorate shrug off her hypocrisy and make her the next governor? Question, questions, questions.
Regardless, it makes the D cry of electing felons ring a little hollow
How utterly ridiculous this person must be. This is exactly what Marylynn Mosby (Baltimore SA) did and was convicted of in mere minutes. Was this some sort of “special” lesson these Attorneys took to figure out a way to defraud the Banks and use Taxpayer money to further their lavish lifestyle????? I do not believe in coincidences.
If a property is located in Virginia, then why can’t the Federal prosecutors in that venue pursue her?
That was my thought. And it is correct. She would face two indictments, one in Virginia and the other in the Easter District of New York.