A federal grand jury decided not to reindict New York Attorney General Letitia James on Thursday on charges of mortgage fraud, according to two law enforcement people briefed on the case.
A Justice Department official declined to comment, saying the agency does not discuss sensitive grand jury matters.
It’s an extremely rare event for a grand jury to reject federal prosecutors’ request that they bring criminal charges — called a “no true bill” — in part because the standard for indicting a subject is very modest. The majority of the members of the grand jury must only find there is probable cause to believe the specific crime occurred.
The two sources, who spoke on the condition of anonymity to discuss a highly sensitive case, said a Missouri prosecutor the Justice Department brought in to indict James plans to try once again to indict the attorney general.
It’s possible that attempt could come as soon as tomorrow, when the Norfolk grand jury is scheduled to meet, one source said.
“There should be no premature celebrations” by James or her supporters, said a person familiar with the Justice Department’s plans.
The case has been plagued by political controversy and factual challenges since the start. Career prosecutors in the Eastern District of Virginia repeatedly objected to bringing mortgage fraud charges against James, as Trump demanded that she be prosecuted.
An acting U.S. attorney resigned his position under pressure after Trump threatened to fire him for resisting the case. Trump then installed an insurance lawyer and his former White House aide, Lindsey Halligan, who obtained an indictment of both James and former FBI Director James Comey, but a judge found she did not have legal authority to do so.
Lisa Rubin is MS NOW's senior legal reporter and a former litigator.
Ken Dilanian is the justice and intelligence correspondent for MS NOW.
Carol Leonnig is a senior investigative reporter with MS NOW.
Nora McKee is the D.C. coordinator for MS NOW.
Fallon Gallagher is a legal affairs reporter for MS NOW.