New York Lawyer Common Letitia James was arraigned this morning in Norfolk on costs of mortgage fraud. This could have been a triumphant day for Lindsey Halligan, the insurance coverage lawyer turned US Lawyer for the Japanese District of Virginia. That is, in spite of everything, what she was employed to do. However we’re guessing it wasn’t as enjoyable as she’d hoped.
Darn you, Anna Bower!
Halligan’s Signal messages hectoring Lawfare editor Anna Bower for posting a New York Occasions story that seems to undercut Halligan’s case in opposition to James made nationwide information earlier this week, alongside along with her belated realization that she wanted to say “off the file” first.
Final night time, these texts reappeared in a Motion to Enforce Rules Prohibiting the Government’s Extrajudicial Disclosures filed by James’s lawyer, the ever-present Abbe Lowell together with native counsel Andrew Bosse. Calling the messages a “gorgeous disclosure of inner authorities info,” the movement notes that the change seems to violate FRCrP 6(e), 28 C.F.R. § 50.2, EDVA Native Felony Rule 57.1, ABA Mannequin Rule 3.8 laying out the Particular Obligations of a Prosecutor, and the Justice Guide.
“Lawyer Common James will not be right now formally shifting for reduction pursuant to FRCrP 6(e),” the legal professionals coughed delicately in a single footnote. In one other they observe that auto-deleting messages violates federal data legal guidelines, and promise that “Lawyer Common James will pursue this obvious violation of the legislation with the suitable places of work.”
It’s a helluva solution to begin the preliminary look!
James requested that the courtroom order the prosecution to knock off the extrajudicial disclosures, protect all communications, and “preserve a log of all contact between any authorities lawyer or agent on this case and any member of the information media or press regarding this case.” In addition they noticed their intent to maneuver to disqualify “purported interim U.S. Lawyer Lindsey Halligan” primarily based on her illegal appointment.
Halligan was already dealing with one such movement from former FBI director Jim Comey, which was referred to Senior Choose Cameron Currie of the District of South Carolina. Lowell means that, “for judicial economic system, the 2 motions ought to possible be consolidated.” So Halligan will solely have to clarify as soon as that, when the Structure says the president has to get recommendation and consent of the Senate to nominate US Attorneys, it really means he’s entitled to make a vast variety of interim appointments and never even hassle to appoint somebody for the job.
On the plus facet, she lastly bought an precise prosecutor to journey alongside along with her on this madcap expedition, though she needed to go all the best way to Missouri to seek out one. As within the Comey prosecution, not a single lawyer in EDVA will get close to this shitpile of a case. And so, on Wednesday — after the Bower story dropped! — Roger A. Keller, an AUSA from the Japanese District of Missouri, entered his look.
And in the meantime, ABC confirmed the Occasions’s reporting this morning. Whereas Halligan groused that studies about James’s great-niece dwelling in the home with out paying lease had been incorrect, ABC says that “prosecutors discovered no file of James accumulating lease from her niece past $1,350 that James reported on her 2020 tax return, which was mentioned to cowl the price of utilities.” That might comport with James’s 2020 financial disclosure wherein she claimed $1,000-5,000 in “funding” revenue, possible the utility payments paid by her niece.
After James pleaded not responsible, Choose Jamar Walker set a trial date of January 26. Welcome to the rocket docket, Roger Walker! Seems to be like there could also be some turbulence forward.
Liz Dye lives in Baltimore the place she produces the Regulation and Chaos substack and podcast.
