Case: United States v. James

2:25-cr-00122 | U.S. District Court for the Eastern District of Virginia

Filed Date: Oct. 9, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 9, 2025, a federal grand jury in the U.S. District Court for the Eastern District of Virginia (Norfolk Division) indicted New York Attorney General Letitia A. James on two counts of bank fraud and false statements to a financial institution. The indictment, signed by Interim U.S. Attorney Lindsey Halligan, alleged that James had falsely represented a Norfolk, Virginia property as a “second home” to obtain favorable mortgage terms when she had, in fact, rented the home to a family of …

On October 9, 2025, a federal grand jury in the U.S. District Court for the Eastern District of Virginia (Norfolk Division) indicted New York Attorney General Letitia A. James on two counts of bank fraud and false statements to a financial institution. The indictment, signed by Interim U.S. Attorney Lindsey Halligan, alleged that James had falsely represented a Norfolk, Virginia property as a “second home” to obtain favorable mortgage terms when she had, in fact, rented the home to a family of three in violation of a Second Home Rider attached to her loan. Represented by private counsel Abbe Lowell, James filed this lawsuit as a criminal defendant and pleaded not guilty at her arraignment before District Judge Jamar K. Walker on October 24, 2025. The prosecution was handled by Assistant U.S. Attorney Roger Keller (Eastern District of Missouri) under Halligan’s supervision, and the case was referred to Magistrate Judge Douglas E. Miller for pretrial proceedings. The court scheduled a five-day jury trial to begin on January 26, 2026.

James’s counsel filed a motion to dismiss the indictment and to enjoin the prosecution, arguing that Halligan’s appointment as interim U.S. attorney had been unlawful under 28 U.S.C. § 546 and the Appointments Clause of the Constitution. The defense claimed that Halligan lacked statutory and constitutional authority to prosecute the case because the 120-day limit for interim appointments under § 546 had expired and her designation was not lawfully made. James also asserted that her prosecution was politically motivated, citing public statements by President Trump urging Attorney General Pamela Bondi to bring charges after the resignation of the prior U.S. attorney, Erik Siebert, who had declined to pursue them. On November 4, 2025, the government filed a notice explaining its refusal to provide discovery related to alleged vindictive or selective prosecution, arguing that such disclosure was premature absent objective evidence of prosecutorial misconduct.

Judge Walker directed James to file her vindictive and selective prosecution motion by November 7, 2025, and noted that the motion might be consolidated with a similar challenge brought by former FBI Director James Comey, who had been indicted in a related matter under Halligan’s supervision. James sought dismissal of the indictment, declaratory relief that Halligan’s appointment had been void, and an injunction prohibiting her from performing the functions of U.S. attorney. The government opposed dismissal, maintaining that Halligan had acted within her lawful authority and that prosecutorial discretion precluded judicial inquiry into charging decisions without evidence of bias. 

This case is ongoing.

Summary Authors

Michael Vandergriff (11/8/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71601419/parties/united-states-v-james/


Attorney for Plaintiff

Halligan, Lindsey (Virginia)

Attorney for Defendant

Bolen, John Patrick (Virginia)

Bosse, Andrew C. (Virginia)

Expert/Monitor/Master/Other

Jordan, Treyvon (Virginia)

Keating, Justin Patrick (Virginia)

show all people

Documents in the Clearinghouse

Document
1

2:25-cr-00122

Indictment

The United States of America v. James

Oct. 9, 2025

Oct. 9, 2025

Order/Opinion
22

2:25-cr-00122

Attorney General Letitia A. James' Motion and Memorandum in Support of Motion to Dismiss the Indictment and Enjoin the Prosecution

United States of America v. James

Oct. 24, 2025

Oct. 24, 2025

Pleading / Motion / Brief
46

2:25-cr-00122

Government's Notice of Reasons for Not Providing Pre-Vindictive/Selective Prosecution Motion Related Discovery

United States of America v. James

Nov. 4, 2025

Nov. 4, 2025

Pleading / Motion / Brief
53

2:25-cr-00122

Attorney General Letitia A. James' Motion to Dismiss Indictment for Vindictive and Selective Prosecution

United States of America v. James

Nov. 7, 2025

Nov. 7, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71601419/united-states-v-james/

Last updated Nov. 30, 2025, 12:49 a.m.

ECF Number Description Date Link Date / Link
1

INDICTMENT FILED AND RETURNED IN OPEN COURT as to Letitia A. James (1) counts 1-2. (Attachments: # 1 Criminal Cover Sheet) (dbra, ) (Additional attachment(s) added on 10/10/2025: # 2 Corrected Criminal Cover Sheet) (ptom, ). (Entered: 10/09/2025)

1 Criminal Cover Sheet

View on RECAP

2 Corrected Criminal Cover Sheet

View on RECAP

Oct. 9, 2025

Oct. 9, 2025

Clearinghouse
4

Summons Issued and delivered to USM in case as to Letitia A. James. Initial Appearance set for 10/24/2025 at 09:00 AM in Norfolk Mag Courtroom 2 before Magistrate Judge Douglas E. Miller. (dbra, ) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

RECAP
5

NOTICE OF ATTORNEY APPEARANCE: Andrew C. Bosse appearing for Letitia A. James (Bosse, Andrew) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

6

Motion to appear Pro Hac Vice by Abbe David Lowell and Certification of Local Counsel Andrew Bosse (Filing fee $ 75 receipt number AVAEDC-10525950.) by Letitia A. James. (Bosse, Andrew) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

RECAP
7

Motion to appear Pro Hac Vice by David A. Kolansky and Certification of Local Counsel Andrew Bosse (Filing fee $ 75 receipt number AVAEDC-10525972.) by Letitia A. James. (Bosse, Andrew) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

RECAP
8

Motion to appear Pro Hac Vice by Isabella M. Oishi and Certification of Local Counsel Andrew Bosse (Filing fee $ 75 receipt number AVAEDC-10525985.) by Letitia A. James. (Bosse, Andrew) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

RECAP
9

ORDER granting 6 Motion for Pro hac vice as to Letitia A. James (1). Signed by District Judge Jamar K. Walker on 10/16/2025. (Walker, Jamar) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

10

ORDER granting 7 Motion for Pro hac vice as to Letitia A. James (1). Signed by District Judge Jamar K. Walker on 10/16/2025. (Walker, Jamar) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

11

ORDER granting 8 Motion for Pro hac vice as to Letitia A. James (1). Signed by District Judge Jamar K. Walker on 10/16/2025. (Walker, Jamar) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

12

ORDER - The arraignment of Letitia A. James shall begin promptly at 11:00 a.m. on Friday, October 24, 2025, in Norfolk Courtroom Five on the first floor. Magistrate Courtroom One will be reserved as an overflow courtroom. Magistrate Courtroom One will have screens which should enable attendees to see and hear what is happening in Courtroom Five. The hearing will not be delayed for transmission issues. All seating will be on a first-come basis. Signed by District Judge Jamar K. Walker on 10/16/25. SEE ORDER FOR FURTHER DETAILS. (ptom) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

RECAP
15

Summons Returned Executed on 10/16/25 as to Letitia A. James (mrees) (Entered: 10/20/2025)

Oct. 17, 2025

Oct. 17, 2025

RECAP
16

Pretrial Services Bond REPORT (Initial Pretrial Services Bond Report) (SEALED - government and defense counsel) as to Letitia A. James. (bell, robert) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

18

NOTICE OF ATTORNEY APPEARANCE Roger Keller appearing for USA. (Keller, Roger) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

19

NOTICE OF ATTORNEY APPEARANCE Roger Keller appearing for USA. (Keller, Roger) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

RECAP

Notice of Correction re 18 Notice of Attorney Appearance - USA. The document is an incorrectly saved PDF fillable form which we have removed. Please refile the document after saving it correctly. To correctly save the PDF fillable form, click on the File menu, select Print, and then select your PDF writer from the Printer Name List, then click on Print or OK depending on your program. (dbra, )

Oct. 22, 2025

Oct. 22, 2025

20

NOTICE of Intent to File Motion on Unlawful Appointment by Letitia A. James (Bosse, Andrew) (Entered: 10/23/2025)

Oct. 23, 2025

Oct. 23, 2025

RECAP
21

MOTION to Enforce Rules Prohibiting the Government's Extrajudicial Disclosures and Statements by Letitia A. James. (Attachments: # 1 Exhibit A: Lawfare Article, # 2 Exhibit B: Signal Exchange, # 3 Proposed Order)(Bosse, Andrew) (Entered: 10/23/2025)

1 Exhibit A: Lawfare Article

View on PACER

2 Exhibit B: Signal Exchange

View on RECAP

3 Proposed Order

View on RECAP

Oct. 23, 2025

Oct. 23, 2025

RECAP
22

MOTION to Dismiss the Indictment and Enjoin the Prosecution by Letitia A. James. (Attachments: # 1 Proposed Order MTD the Indictment and Enjoin the Prosecution)(Bosse, Andrew) (Entered: 10/24/2025)

1 Proposed Order MTD the Indictment and Enjoin the Prosecution

View on RECAP

Oct. 24, 2025

Oct. 24, 2025

Clearinghouse
23

ORDER re 22 MOTION to Dismiss the Indictment and Enjoin the Prosecution filed by Letitia A. James. The Motion is TRANSFERRED to the Honorable Cameron McGowan Currie, Senior United States District Judge for District of South Carolina. Signed by District Judge Jamar K. Walker on 10/24/2025. (Attachments: # 1 Order by Chief Judge Albert Diaz) (dbra, )(copies distributed as directed) (Entered: 10/24/2025)

1 Order by Chief Judge Albert Diaz

View on PACER

Oct. 24, 2025

Oct. 24, 2025

24

Minute Entry: Initial Appearance and Arraignment as to Letitia A. James held before District Judge Jamar K. Walker. Govt appeared through Roger Keller, Lindsey Halligan, and Amanda Cheney. Deft present, appeared through Abbe Lowell, Andrew Bosse, David Kolansky, and Isabella Oishi. Deft waived formal arraignment, entered plea of not guilty, demanded trial by jury. Oral admonition as required by DPPA given to the prosecutor. Briefing schedules set as stated on the record. Any motion to dismiss based on the appointment, qualification, or disqualification of the United States Attorney or the United States Attorney's Office to be transferred to the Honorable Cameron McGown Currie. Hearing on any motion to dismiss based on a theory of vindictive and/or selective prosecution set for 12/5/2025 at 11:00 a.m. Hearing on any other pretrial motions set for 12/17/2025 at 11:00 a.m. Jury trial set for 1/26/2026 at 10:00 a.m. in Norfolk Courtroom 5 before District Judge Jamar K. Walker. Deft released on a PR bond. Court adjourned. (Court Reporter Carol Naughton, OCR) (bap, ) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

25

Due Process Protections Act Order as to Letitia A. James. Signed by District Judge Jamar K. Walker on 10/24/2025. (bap, ) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

26

ORDER - The jury trial shall begin on 1/26/26. A joint proposed Discovery Order is due by 10/31/25 or a proposal plan by 11/3/25. Government shall file a response to ECF 21 by 10/28/25. Defendant's reply is due by 10/30/25. See Order for additional deadlines. Signed by District Judge Jamar K. Walker on 10/24/2025. (dbra, ) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

RECAP
27

ORDER Setting Conditions of Release as to Letitia A. James. Signed by District Judge Jamar K. Walker on 10/24/2025. (bap, ) (Entered: 10/27/2025)

Oct. 24, 2025

Oct. 24, 2025

RECAP

Set/Reset Hearings as to Letitia A. James: Hearing on any motion to dismiss the indictment based on a theory of vindictive and/or selective prosecution set for 12/5/2025 at 11:00 a.m. in Norfolk Courtroom 5 before District Judge Jamar K. Walker.Hearing on any additional pretrial motions set for 12/17/2025 at 11:00 a.m. in Norfolk Courtroom 5 before District Judge Jamar K. Walker. (bap, )

Oct. 24, 2025

Oct. 24, 2025

TEXT ORDER: The Government's response to Defendant's motion to dismiss the indictment and enjoin the prosecution (ECF 22) is due by 5:00 p.m. on Monday, November 3, 2025. Defendant's reply is due by 5:00 p.m. on Monday, November 10, 2025. Defendant's motion will be consolidated with the motion challenging the qualification of the current Interim U.S. Attorney in Case No. 1:25-cr-272 for purposes of oral argument only. Signed by the Honorable Cameron McGowan Currie on 10/24/2025. (ptom)

Oct. 24, 2025

Oct. 24, 2025

Motion Hearing re: MOTION to Dismiss the Indictment and Enjoin the Prosecution by Letitia A. James set for 11/13/2025 at 10:00 AM in Alexandria Courtroom 600 before District Judge Cameron McGowan Currie. (ptom)

Oct. 24, 2025

Oct. 24, 2025

Motion Hearing re: MOTION to Dismiss the Indictment and Enjoin the Prosecution by Letitia A. James set for 11/13/2025 at 10:00 AM in Alexandria Courtroom 600 before District Judge Cameron McGowan Currie. (ptom)

Oct. 24, 2025

Oct. 24, 2025

28

ORDER - The Government is directed to submit, no later than 11/3/25 at 5:00 p.m., for in camera review, all documents relating to the indictment signer's participation in the grand jury proceedings, along with complete grand jury transcripts, to be delivered to chambers of Judge Cameron McGowan Currie. Signed by Senior District Judge Cameron McGowan Currie on 10/28/2025. (dbra, ) (Entered: 10/28/2025)

Oct. 28, 2025

Oct. 28, 2025

RECAP
29

TRANSCRIPT of Proceedings (Initial Appearance/Arraignment) held on 10-24-2025, before Judge Jamar K. Walker. Court reporter/transcriber Carol Naughton, Telephone number 757-222-7073. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/27/2025. Redacted Transcript Deadline set for 12/29/2025. Release of Transcript Restriction set for 1/26/2026.(naughton, carol) (Entered: 10/28/2025)

Oct. 28, 2025

Oct. 28, 2025

30

RESPONSE in Opposition by USA as to Letitia A. James re 21 MOTION to Enforce Rules Prohibiting the Government's Extrajudicial Disclosures and Statements (Keller, Roger) (Entered: 10/28/2025)

Oct. 28, 2025

Oct. 28, 2025

RECAP
31

Joint Proposed Discovery Order Pursuant to ECF No. 26 by Letitia A. James. (Bosse, Andrew) (Entered: 10/29/2025)

Oct. 29, 2025

Oct. 29, 2025

32

Agreed Discovery Order as to Letitia A. James. Signed by District Judge Jamar K. Walker on 10/29/25. (mrees) (Entered: 10/29/2025)

Oct. 29, 2025

Oct. 29, 2025

33

MOTION for Leave to File Excess Pages in Forthcoming Motion by Letitia A. James. (Attachments: # 1 Proposed Order)(Bosse, Andrew) (Entered: 10/29/2025)

1 Proposed Order

View on PACER

Oct. 29, 2025

Oct. 29, 2025

RECAP
34

Motion to appear Pro Hac Vice by John Patrick Bolen and Certification of Local Counsel Andrew Bosse (Filing fee $ 75 receipt number AVAEDC-10556144.) by Letitia A. James. (Bosse, Andrew) (Entered: 10/29/2025)

Oct. 29, 2025

Oct. 29, 2025

RECAP
35

Motion to appear Pro Hac Vice by Schuyler Joyes Standley and Certification of Local Counsel Andrew Bosse (Filing fee $ 75 receipt number AVAEDC-10556147.) by Letitia A. James. (Bosse, Andrew) (Entered: 10/29/2025)

Oct. 29, 2025

Oct. 29, 2025

36

ORDER granting 33 Motion for Leave to File Excess Pages as to Letitia A. James (1). Signed by District Judge Jamar K. Walker on 10/29/2025. (dbra, ) (Entered: 10/29/2025)

Oct. 29, 2025

Oct. 29, 2025

37

ORDER granting 34 Motion for Pro hac vice as to Letitia A. James (1). Signed by District Judge Jamar K. Walker on 10/30/2025. (Walker, Jamar) (Entered: 10/30/2025)

Oct. 30, 2025

Oct. 30, 2025

38

Amended Motion to appear Pro Hac Vice by Schuyler Joyes Standley and Certification of Local Counsel Andrew Bosse by Letitia A. James. (Bosse, Andrew) (Entered: 10/30/2025)

Oct. 30, 2025

Oct. 30, 2025

39

Reply by Letitia A. James re 21 MOTION to Enforce Rules Prohibiting the Government's Extrajudicial Disclosures and Statements (Bosse, Andrew) (Entered: 10/30/2025)

Oct. 30, 2025

Oct. 30, 2025

RECAP
40

ORDER granting 38 Motion for Pro hac vice as to Letitia A. James (1). Signed by District Judge Jamar K. Walker on 10/30/2025. (Walker, Jamar) (Entered: 10/30/2025)

Oct. 30, 2025

Oct. 30, 2025

41

ORDER: Defendant's ECF 21 Motion to Enforce Rules Prohibiting the Government's Extrajudicial Disclosures and Statements is Granted in Part and Denied in Part. The Court ORDERS the government to comply with Fed. R. Crim. P. 6(e)(2), and all counsel to comply with Local Rule 57.1. In addition, the Court ORDERS a litigation hold preventing the deletion or destruction of any records or communications having to do with the investigation or prosecution of this case. The defendant's request that the government be required to keep a communication log is DENIED. To the extent the government asks the Court to limit the defendant's own speech, that request is DENIED. Signed by District Judge Jamar K. Walker on 10/31/25. (See Order for Specifics) (ptom) (Entered: 10/31/2025)

Oct. 31, 2025

Oct. 31, 2025

RECAP
42

NOTICE OF ATTORNEY APPEARANCE Henry Charles Whitaker appearing for USA. (Whitaker, Henry) (Entered: 11/03/2025)

Nov. 3, 2025

Nov. 3, 2025

RECAP
43

RESPONSE in Opposition by USA as to Letitia A. James re 22 MOTION to Dismiss the Indictment and Enjoin the Prosecution (Attachments: # 1 Exhibit A)(Whitaker, Henry) (Entered: 11/03/2025)

1 Exhibit A

View on RECAP

Nov. 3, 2025

Nov. 3, 2025

RECAP
44

Consent MOTION to Continue Dec. 17, 2025 Hearing for Additional Pretrial Motions to Dec. 22, 2025 by Letitia A. James. (Attachments: # (1) Proposed Order)(Bosse, Andrew)

1 Proposed Order

View on RECAP

Nov. 3, 2025

Nov. 3, 2025

45

ORDER - The Court resets the hearing on any additional pretrial motions from December 17, 2025 at 11:00 a.m. to December 22, 2025 at 3:00 p.m. Signed by District Judge Jamar K. Walker on 11/4/2025. (dbra, )

Nov. 4, 2025

Nov. 4, 2025

RECAP
46

NOTICE Of Reasons for Not Providing Pre-Vindictive/Selective Prosecution Motion Related Discovery by USA as to Letitia A. James (Keller, Roger)

Nov. 4, 2025

Nov. 4, 2025

Clearinghouse
47

The Court has received the government's filing regarding discovery on the issue of vindictive and/or selective prosecution (ECF No. 40). The Order on the parties' jointly recommended discovery plan (ECF No. 32) governs discovery in this case. To the extent any discovery dispute arises, the parties may address it in a motion. Signed by District Judge Jamar K. Walker on 11/4/2025. (Walker, Jamar)

Nov. 4, 2025

Nov. 4, 2025

48

NOTICE Certificate of Compliance by USA as to Letitia A. James (Keller, Roger) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

49

NOTICE OF ATTORNEY APPEARANCE: Treyvon Jordan appearing for Former Federal Judges and Former United States Attorneys (bwell) (Entered: 11/07/2025)

Nov. 7, 2025

Nov. 7, 2025

RECAP
50

NOTICE OF ATTORNEY APPEARANCE: Justin Patrick Keating appearing for Former Federal Judges and Former United States Attorneys (bwell) (Entered: 11/07/2025)

Nov. 7, 2025

Nov. 7, 2025

51

Unopposed MOTION for Leave to File Brief of Bipartisan Former Federal Judges and Former United States Attorneys as Amici Curiae in Support of Defendant's Request for Relief by Former Federal Judges and Former United States Attorneys as to Letitia A. James. (Attachments: # 1 Proposed Order, # 2 Brief of Bipartisan Former Federal Judges and Former United States Attorneys as Amici Curiae in Support of Defendant's Request for Relief)(bwell) (Entered: 11/07/2025)

1 Proposed Order

View on PACER

2 Brief of Bipartisan Former Federal Judges and Former United States Attorneys as

View on RECAP

Nov. 7, 2025

Nov. 7, 2025

52

Financial Interest Disclosure Statement by Former Federal Judges and Former United States Attorneys (bwell) (Entered: 11/07/2025)

Nov. 7, 2025

Nov. 7, 2025

RECAP
53

MOTION to Dismiss Indictment for Vindictive and Selective Prosecution by Letitia A. James. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Proposed Order)(Bosse, Andrew) (Entered: 11/07/2025)

Nov. 7, 2025

Nov. 7, 2025

Clearinghouse
54

ORDER granting 51 Motion for Leave to File Amicus Curiae Brief of Bipartisan Former Federal Judges and Former United States Attorneys in Support of Defendant's Request for Relief. It is ORDERED that Movants' proposed amicus curiae brief (ECF No. 51-2) is deemed FILED. Signed by Senior District Judge Cameron McGowan Currie on 11/10/2025. (dbra, ) (Entered: 11/10/2025)

Nov. 10, 2025

Nov. 10, 2025

55

Brief of Bipartisan Former Federal Judges and Former United States Attorneys as Amici Curiae in Support of Defendant's Request for Relief. (dbra, ) (Entered: 11/10/2025)

Nov. 10, 2025

Nov. 10, 2025

56

Reply by Letitia A. James re 22 MOTION to Dismiss the Indictment and Enjoin the Prosecution (Bosse, Andrew) (Entered: 11/10/2025)

Nov. 10, 2025

Nov. 10, 2025

RECAP
57

Subpoena issued by Government. (ptom) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

RECAP
58

MOTION on Behalf of Former Senior Officials of the Department of Justice for Leave to File Brief as Amici Curiae in Support of Motion to Dismiss Indictment for Vindictive Prosecution by Former Senior Officials of the Department of Justice as to Letitia A. James. (Attachments: # 1 Brief of Former Senior Officials of the Department of Justice as Amici Curiae in Support of Defendant's Motion to Dismiss Indictment for Vindictive Prosecution, # 2 Notice of Appearance, # 3 Notice of Waiver of Hearing)(dbra, ) (Entered: 11/13/2025)

1 Brief of Former Senior Officals of the Department of Justice as Amici Curiae in

View on RECAP

2 Notice of Appearance

View on PACER

3 Notice of Waiver of Hearing

View on PACER

Nov. 13, 2025

Nov. 13, 2025

RECAP
59

Motion to appear Pro Hac Vice by James Pearce and Certification of Local Counsel Gregory Rosen (Filing fee $ 75 receipt number AVAEDC-10585946.) by Former Senior Officials of the Department of Justice as to Letitia A. James. (Rosen, Gregory) (Entered: 11/13/2025)

Nov. 13, 2025

Nov. 13, 2025

60

Motion to appear Pro Hac Vice by Mary Dohrmann and Certification of Local Counsel Gregory Rosen (Filing fee $ 75 receipt number AVAEDC-10585947.) by Former Senior Officials of the Department of Justice as to Letitia A. James. (Rosen, Gregory) (Entered: 11/13/2025)

Nov. 13, 2025

Nov. 13, 2025

61

NOTICE OF ATTORNEY APPEARANCE: Gregory P. Rosen appearing for Former Senior Officials of the Department of Justice. (dbra, ) (Entered: 11/14/2025)

Nov. 13, 2025

Nov. 13, 2025

62

Notice of Waiver of Hearing re 58 MOTION on Behalf of Former Senior Officials of the Department of Justice for Leave to File Brief as Amici Curiae in Support of Motion to Dismiss Indictment for Vindictive Prosecution by Former Senior Officials of the Department of Justice as to Letitia A. James. (dbra, ) (Entered: 11/14/2025)

Nov. 13, 2025

Nov. 13, 2025

63

NOTICE OF ATTORNEY APPEARANCE: Victor M. Glasberg appearing for Protect Democracy Project. (dbra, ) (Entered: 11/14/2025)

Nov. 13, 2025

Nov. 13, 2025

64

NOTICE OF ATTORNEY APPEARANCE: Abigail S. Grand appearing for Protect Democracy Project.(dbra, ) (Entered: 11/14/2025)

Nov. 13, 2025

Nov. 13, 2025

65

MOTION for Leave to File Amicus Curiae Brief of Protect Democracy Project in Support of Defendant's Motion to Dismiss Indictment Base on Vindictive and Selective Prosecution by Protect Democracy Project as to Letitia A. James. (Attachments: # 1 Proposed Order, # 2 Brief of Amicus Curiae in support of Defendant's Motion to Dismiss Based on Vindictive and Selective Prosecution, # 3 Letter)(dbra, ) (Entered: 11/14/2025)

1 Proposed Order

View on PACER

2 Brief of Amicus Curiae in support of Defendant's Motion to Dismiss Based o

View on RECAP

3 Letter

View on PACER

Nov. 13, 2025

Nov. 13, 2025

66

Motion to appear Pro Hac Vice by Rachel Goodman and Certification of Local Counsel Victor Glasberg by Protect Democracy Project. (Attachments: # 1 Receipt 200008815)(dbra, ) (Entered: 11/14/2025)

1 Receipt 200008815

View on PACER

Nov. 13, 2025

Nov. 13, 2025

67

Motion to appear Pro Hac Vice by Kristy Parker and Certification of Local Counsel Victor Glasberg by Protect Democracy Project. (Attachments: # 1 Receipt 200008815)(dbra, ) (Entered: 11/14/2025)

1 Receipt 200008815

View on PACER

Nov. 13, 2025

Nov. 13, 2025

69

Minute Entry for proceedings held before Senior District Judge Cameron McGowan Currie: Motion Hearing as to Letitia A. James held on 11/13/2025. USA appeared through Henry Whitaker, Lindsey Halligan, Nathaniel Lemons and Gabriel Diaz. Counsel Jessica Carmichael, Elias Kim, Ephriam McDowell, Michael Dreebe, Patrick Fitzgerald, and Rebekah Donaleski appeared with defendant James Comey. Counsel Andrew Bosse, John Bolen, and Abbe Lowell appeared on behalf of defendant Letitia James. MOTION to Dismiss the Indictment and Enjoin the Prosecution re 22 argued and TAKEN UNDER ADVISEMENT. Defendants continued on previous conditions. Order to follow.(Court Reporter D.Salters.)(lcre, ) (Entered: 11/14/2025)

Nov. 13, 2025

Nov. 13, 2025

RECAP
68

NOTICE Notice of Appearance on behalf of amicus curiae by Letitia A. James (Shapiro, Jonathan) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

70

ORDER granting 58 Motion for Leave to File as to Letitia A. James (1). For good cause shown, the motion for leave to file an amicus brief is GRANTED. Signed by District Judge Jamar K. Walker on 11/14/2025. (Walker, Jamar) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

71

ORDER granting 65 Motion for Leave to File as to Letitia A. James (1). For good cause shown, the motion for leave to file an amicus brief is GRANTED. Signed by District Judge Jamar K. Walker on 11/14/2025. (Walker, Jamar) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

72

NOTICE OF ATTORNEY APPEARANCE: Lawrence H. Woodward, Jr. appearing for United States Senate Minority Leader Charles Schumer and United States House of Representatives Minority Leader Hakeem Jeffries. (dbra, ) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

73

MOTION for Leave to File Amicus Curiae Brief by United States Senate Minority Leader Charles Schumer and United States House of Representatives Minority Leader Hakeem Jeffries. (Attachments: # 1 Proposed Order, # 2 Brief of Amici Curiae, # 3 Letter)(dbra, ) (Entered: 11/14/2025)

1 Proposed Order

View on PACER

2 Brief of Amici Curiae

View on PACER

3 Letter

View on PACER

Nov. 14, 2025

Nov. 14, 2025

74

Brief of Former Senior Officials of the Department of Justice as Amici Curiae in Support of Defendant's Motion to Dismiss Indictment for Vindictive Prosecution 53 . (dbra, ) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

RECAP
75

Brief of Amicus Curiae by Protect Democracy Project in Support of Defendant's Motion to Dismiss Based on Vindictive and Selective Prosecution 53 . (dbra, ) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

RECAP
76

NOTICE OF ATTORNEY APPEARANCE: Trey R. Kelleter appearing for University Professors and Scholars. (dbra, ) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

77

MOTION for Leave to File Amici Curiae Brief of University Professors and Scholars in Support of Defendant's Motion to Dismiss Indictment for Vindictive and Selective Prosecution. (Attachments: # 1 Proposed Order, # 2 Exhibit A - Brief of Amici Curiae, # 3 Letter)(dbra, ) (Entered: 11/14/2025)

1 Proposed Order

View on PACER

2 Exhibit A - Brief of Amici Curiae

View on PACER

3 Letter

View on PACER

Nov. 14, 2025

Nov. 14, 2025

78

NOTICE of Waiver of Oral Argument re 77 MOTION for Leave to File Amici Curiae Brief of University Professors and Scholars in Support of Defendant's Motion to Dismiss Indictment for Vindictive and Selective Prosecution. (dbra, ) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

RECAP
79

Consent MOTION for Extension of Time to File Pretrial Motions by Letitia A. James. (Attachments: # 1 Proposed Order)(Bosse, Andrew) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

80

NOTICE OF ATTORNEY APPEARANCE: Kevin E. Byrnes appearing for Fifty-Eight Former State Attorneys General. (dbra, ) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

81

MOTION for Leave to File Brief of Fifty-Eight Bipartisan Former State Attorneys General as Amici Curiae in Support of Attorney General James' Motion to Dismiss. (Attachments: # 1 Proposed Order, # 2 Brief of Amici Curiae)(dbra, ) (Entered: 11/14/2025)

Nov. 14, 2025

Nov. 14, 2025

Notice of Correction re 68 Notice of Appearance on behalf of amicus curiae filed by Jonathan Shapiro. The filer is advised that a Motion to File Amicus Brief and related documents are to be filed on paper with the Clerk's Office. (dbra, )

Nov. 14, 2025

Nov. 14, 2025

Notice of Correction re 60 Motion to appear Pro Hac Vice by Mary Dohrmann and Certification of Local Counsel Gregory Rosen (Filing fee $ 75 receipt number AVAEDC-10585947.) Counsel is advised that the application must have the applicant's original signature. Additionally, there are extra digits listed for the applicant's "Firm Phone #". Please refile with the corrections listed. Counsel does not need to pay another fee. (alet)

Nov. 14, 2025

Nov. 14, 2025

Notice of Correction re 66 Motion to appear Pro Hac Vice by Rachel Goodman and Certification of Local Counsel Victor Glasberg. Counsel is advised that the application must have the applicant's original signature. Please refile with a wet signature. Counsel does not need to pay another fee. (alet)

Nov. 14, 2025

Nov. 14, 2025

Notice of Correction

Nov. 14, 2025

Nov. 14, 2025

Notice of Correction re 67 Motion to appear Pro Hac Vice by Kristy Parker and Certification of Local Counsel Victor Glasberg. Counsel is advised that the application must have the applicant's original signature. Please refile with a wet signature. Counsel does not need to pay another fee. (alet)

Nov. 14, 2025

Nov. 14, 2025

82

MOTION for Leave to File Amicus Brief in Support of Letitia James' Motion to Dismiss for Vindictive Prosecution by Lawyers Defending American Democracy. (Attachments: # 1 Proposed Order, # 2 Brief of Amicus Curiae)(dbra, ) (Entered: 11/15/2025)

Nov. 15, 2025

Nov. 15, 2025

83

Motion to appear Pro Hac Vice by Mary Dohrmann and Certification of Local Counsel Gregory Rosen by Former Senior Officials of the Department of Justice as to Letitia A. James. (Rosen, Gregory) (Entered: 11/15/2025)

Nov. 15, 2025

Nov. 15, 2025

84

Motion to appear Pro Hac Vice by Marina Eisner and Certification of Local Counsel Trey Kelleter (Filing fee $ 75 receipt number AVAEDC-10589581.) by University Professors and Scholars as to Letitia A. James. (Kelleter, Trey) (Entered: 11/16/2025)

Nov. 16, 2025

Nov. 16, 2025

85

Motion to appear Pro Hac Vice by Maithreyi Ratakonda and Certification of Local Counsel Trey Kelleter (Filing fee $ 75 receipt number AVAEDC-10589586.) by University Professors and Scholars as to Letitia A. James. (Kelleter, Trey) (Entered: 11/16/2025)

Nov. 16, 2025

Nov. 16, 2025

86

Motion to appear Pro Hac Vice by Christine P. Sun and Certification of Local Counsel Trey Kelleter (Filing fee $ 75 receipt number AVAEDC-10589588.) by University Professors and Scholars as to Letitia A. James. (Kelleter, Trey) (Entered: 11/16/2025)

Nov. 16, 2025

Nov. 16, 2025

87

Motion to appear Pro Hac Vice by Samantha Trepel and Certification of Local Counsel Trey Kelleter (Filing fee $ 75 receipt number AVAEDC-10589589.) by University Professors and Scholars as to Letitia A. James. (Kelleter, Trey) (Entered: 11/16/2025)

Nov. 16, 2025

Nov. 16, 2025

88

Motion to appear Pro Hac Vice by Carey Richard Dunne and Certification of Local Counsel Lawrence H. Woodward, Jr. (Filing fee $ 75 receipt number AVAEDC-10589718.) by United States Senate Minority Leader Charles Schumer and United States House of Representatives Minority Leader Hakeem Jeffries as to Letitia A. James. (Woodward, Lawrence) (Entered: 11/17/2025)

Nov. 17, 2025

Nov. 17, 2025

89

TRANSCRIPT of motion proceedings held on 11-13-25 before Judge Cameron Currie. Court reporter Diane Salters, Telephone number 301-338-8033. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/17/2025. Redacted Transcript Deadline set for 1/20/2026. Release of Transcript Restriction set for 2/17/2026.(Salters, Diane) (Entered: 11/17/2025)

Nov. 17, 2025

Nov. 17, 2025

90

ORDER granting 79 Motion for Extension of Time to File Pretrial Motions as to Letitia A. James (1). The deadline for pretrial motions is extended to December 1, 2025. Signed by District Judge Jamar K. Walker on 11/17/2025. (dbra, ) (Entered: 11/17/2025)

Nov. 17, 2025

Nov. 17, 2025

RECAP
91

ORDER granting 83 Motion for Pro hac vice as to Letitia A. James (1). Signed by District Judge Jamar K. Walker on 11/17/2025. (Walker, Jamar) (Entered: 11/17/2025)

Nov. 17, 2025

Nov. 17, 2025

92

ORDER granting 84 Motion for Pro hac vice as to Letitia A. James (1). Signed by District Judge Jamar K. Walker on 11/17/2025. (Walker, Jamar) (Entered: 11/17/2025)

Nov. 17, 2025

Nov. 17, 2025

93

ORDER granting 85 Motion for Pro hac vice as to Letitia A. James (1). Signed by District Judge Jamar K. Walker on 11/17/2025. (Walker, Jamar) (Entered: 11/17/2025)

Nov. 17, 2025

Nov. 17, 2025

94

ORDER granting 86 Motion for Pro hac vice as to Letitia A. James (1). Signed by District Judge Jamar K. Walker on 11/17/2025. (Walker, Jamar) (Entered: 11/17/2025)

Nov. 17, 2025

Nov. 17, 2025

95

ORDER granting 87 Motion for Pro hac vice as to Letitia A. James (1). Signed by District Judge Jamar K. Walker on 11/17/2025. (Walker, Jamar) (Entered: 11/17/2025)

Nov. 17, 2025

Nov. 17, 2025

Case Details

State / Territory:

Virginia

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: Oct. 9, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Department of Justice is prosecuting New York Attorney General Leticia James.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Case Details

Constitutional Clause(s):

Appointments Clause

Other Dockets:

Eastern District of Virginia 2:25-cr-00122

Special Case Type(s):

Criminal

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Criminal conviction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Presidential/Gubernatorial Authority:

Appointment Authority