Letitia James Asks Court to Curb Prosecutors’ Extrajudicial Statements

On Oct. 23, New York Attorney General Letitia James filed a motion asking the court to order the government “to follow the Federal Rules of Criminal Procedure, the Code of Federal Regulations, the Local Rules of this District, various rules of ethical and professional responsibility, and the Department of Justice’s Justice Manual in order to prevent future disclosures of investigative and case materials, as well as to prevent further extrajudicial statements to the media and public concerning this case and any parties or witnesses.” The motion follows James’s Oct. 9 indictment in the Eastern District of Virginia, where she faces charges of bank fraud and making false statements to a financial institution. 

The government’s investigation and indictment “unfolded in public view” over the past six months, according to the motion, which cites “several media outlets quoting sources familiar with or ‘briefed on the matter’ have reported on the activity of prosecutors in front of grand juries” in the Eastern District of Virginia. 

In particular, the motion names an Oct. 20 article published in Lawfare by Senior Editor Anna Bower, along with the “digital messaging exchange” that prompted it as the precipitating reason behind the filing. The motion calls the Signal exchange between Bower and the interim U.S. attorney, Lindsay Halligan, who brought charges against James, “an unusual and improper occurrence” and a “stunning disclosure of internal government information.” 

The motion concludes by asking the court to issue an order:

1. Prohibiting further government extrajudicial disclosures of investigative and case materials, and statements to the media and journalists, concerning this case and any parties or witnesses;
2. Requiring government counsel and agents in this case to obey all relevant federal laws and regulations regarding proper records retention, preserve all communications with any media person, journalist, or outlet, and take all reasonable steps to prevent the deletion or destruction of any records or communications having anything to do with the investigation and prosecution of this case; and
3. Directing government counsel to create and maintain a log of all contact between any government attorney or agent on this case and any member of the news media or press concerning this case.  

In a separate notice on Oct. 23, James also informed the court of her intent to file a motion the following day to dismiss the indictment due to Halligan’s alleged unlawful appointment as U.S. attorney.

Read the motion here or below: