Grand jury refuses to charge Letitia James as DOJ keeps pushing for indictment

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Letitia James may want to 'hold back' from celebrating this, argues Jonathan Turley

Fox News contributor Jonathan Turley discusses what is next after a federal judge throws out charges against former FBI Director James Comey and New York AG Letitia James on 'Hannity.'

A grand jury declined to indict New York Attorney General Letitia James on Thursday, marking the second time in one week that the Department of Justice was unable to secure charges against one of President Donald Trump's top political foes.

The grand jury heard the latest attempt to charge James over mortgage fraud allegations in Alexandria, Virginia, multiple sources told Fox News, after a separate grand jury declined to indict James in Norfolk last week over the same claims.

A judge had dismissed the initial charges against James last month after finding that the prosecutor who brought the case, Lindsey Halligan, was unlawfully appointed as U.S. attorney.

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New York Attorney General Letitia James speaks during a press conference, Sept. 21, 2022, in New York.   (AP Photo/Brittainy Newman, File)

Attorney General Pam Bondi appointed Halligan in September at Trump's urging. The president said he wanted Halligan, a White House aide with no prosecutorial experience, in place to "get things moving." Halligan proceeded to quickly bring charges against both James and former FBI Director James Comey soon after she took office. She was the lone prosecutor to sign the indictments, and when a federal judge found Halligan was improperly appointed, the judge disqualified her from serving as U.S. attorney and tossed out both sets of charges.

DOJ leaders have stood behind Halligan, describing her as "U.S. attorney" in a recent statement, telling the court the executive branch has the final say in who serves as the top prosecutor in each court district and that James and Comey sought to invalidate Halligan and the indictments over minor "paperwork" matters.

LETITIA JAMES MAY WANT TO ‘HOLD BACK’ FROM CELEBRATING THIS, ARGUES JONATHAN TURLEY

President Trump named lawyer Lindsey Halligan as interim U.S. Attorney Eastern District of Virginia in September.  (Marco Bello/AFP via Getty Images)

One DOJ source told Fox News an "experienced fraud prosecutor" presented the charges against James the last two times, not Halligan. The grand jurors could be rejecting the charges not because they are unfounded but because mortgage fraud cases are uniquely complex, the source said.

James' attorney Abbe Lowell called the rejection of his client's charges "unprecedented" and said it "makes even clearer that this case should never have seen the light of day." It is notoriously much easier to convince a grand jury to find probable cause to indict a defendant than it is to secure a conviction.

"This case already has been a stain on this Department's reputation and raises troubling questions about its integrity," Lowell said. "Any further attempt to revive these discredited charges would be a mockery of our system of justice."

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Fox News reached out to a DOJ spokesperson for comment.

Bill Mears, Jake Gibson and David Spunt contributed to this report.