The Dictatorship
Lindsey Halligan should have re-read the Constitution before going after Letitia James
In the same jurisdiction in which the Trump Justice Department indicted former FBI Director James Comey more than a week ago, the same prosecutor who brought that case has now gone after another Trump enemy: New York Attorney General Letitia “Tish” James. (Disclosure: I worked as a volunteer member of James’ transition team after her election in 2018.)
The reason for the indictment? James is accused of having falsified a mortgage application on a property purchased in Virginia. The extent of the harm she is alleged to have caused? About $18,000.
Whether the prosecution will ultimately be able to prove the case against James remains to be seen. What seems more likely is that James will be able to get the case dismissed, because it could be classified as an unconstitutional selective prosecution.
Donald Trump has railed against and threatened to prosecute James once he retook power, after she brought a civil action against him for … mortgage fraud.
James is charged with having engaged in mortgage fraud and making false statements to a financial institution. The case appears to rest on flimsy and conflicting evidence at best, has been brought on grounds that are rarely prosecuted and was filed over the objection of career lawyers within the Justice Department who did not think there was probable cause to bring the case.
What the government will have to prove in establishing the charges before a jury is that James knowingly lied when she claimed that she intended to use the home as a secondary residence at the time of the application. That is something the prosecution will have to prove beyond a reasonable doubt. Other evidence that James appears to be able to present will likely contradict that case. It will be up to the jury to decide if the prosecution can meet that burden. But there is a good chance a jury will never hear this case.
Donald Trump has railed against and threatened to prosecute James once he retook power, after she brought a civil action against him for … mortgage fraud. James won that case in New York and secured a nearly $500 million judgment against Trump, several members of his family and some of his businesses. That damages award has been overturned on appeal, and what damages should be paid is an issue that is pending final resolution. The underlying verdict that Trump committed fraud still standshowever.
While James has professed her innocence, she has another potential response to this indictment: that the prosecution itself violates the constitutional prohibition against what is known as selective prosecution.

The concept of selective prosecution is one recognized by the U.S. Supreme Court. It occurs when a prosecution is brought for an improper purpose and an improper discriminatory effect. Courts generally recognize that prosecutors have wide discretion to prosecute cases as they see fit — but that discretion is not without limits. Still, establishing a claim of selective enforcement requires the defendant to meet a fairly high bar. From the publicly available information about her case and others, James would appear to be able to make out a good case that this action against her qualifies as a selective — and therefore unconstitutional — prosecution.
According to the Supreme Court, a selective prosecution claim is available to someone who says that the prosecution “had a discriminatory effect” and “was motivated by a discriminatory purpose.” For example, that the prosecution was brought based on the defendant’s race or gender, or as a form of punishment for asserting a protected constitutional right.
It is hard to escape the conclusion that James is being prosecuted simply because, in carrying out her functions as a state attorney general, she enforced the law against the person who is currently president.
A prosecution of a state official for doing their job in enforcing federal law would fly in the face of critical free speech and federalism principles — in violation of the 1st and 10th Amendments to the U.S. Constitution.
It is hard to escape the conclusion that James is being prosecuted simply because she enforced the law against the person who is currently president.
Again, a claim of selective prosecution is hard to establish. Still, the evidence for James to try to make out this claim is in plain sight, but even that evidence may be but the tip of the iceberg. In September, the president took to Truth Social to implore Attorney General Pam Bondi to commence prosecutions against several of his enemies. (It seems quite possible that this message was not meant to be a public communication.)
Are there more communications like that that were not made public? What was the scope of the investigation into mortgage fraud by James and others? Why were these investigations even commenced? Was it simply a case of presenting a list of individuals to the Justice Department with the directive to find a crime, any crime? What steps has the administration taken to investigate the allegations that others in the administration engaged in similar conduct?
If James can present some initial evidence that the case against her constitutes an unconstitutional selective prosecution, she will then be able to explore some of these other factual questions.
From publicly reported information, the criminal case against James appears to rely on a somewhat flimsy evidentiary basis. At the same time, what we do know already from publicly available information, with some of it containing the public statements and missives of the president himself, the evidence that this was a selective prosecution may be overwhelming.
Ray Brescia
Ray Brescia is a professor of law at Albany Law School and author of the book “The Private Is Political: Identity and Democracy in the Age of Surveillance Capitalism.”
The Dictatorship
No plan B: Trump is flailing to find an off-ramp for the Iran war
This is an adapted excerpt from the March 24 episode of “All In with Chris Hayes.”
Donald Trump’s war on Iran is in its fourth week. Gas prices are up $1 a gallon in much of the country. Stocks continue to fall on fears of global supply shortages.
The death toll is growing. Thirteen American service members have lost their livesand more than 1,200 Iranians have been killed, along with upward of 1,000 people in Lebanonmore than 150 in the surrounding Gulf states and 17 Israelis. That’s not accounting for the millions who are displaced and the thousands who have been injured, including hundreds of U.S. troops.
But according to the president who launched the war, it’s all over.
It is becoming increasingly clear that Trump expected a fast and easy win.
“We’ve won this. This war has been won,” he told reporters Tuesday in the Oval Office. “The only one that likes to keep it going is the fake news.”
However, during those same remarks, Trump was all over the place — talking about an epic victory, ongoing peace negotiations and personal gifts.
It was all completely counter to his posture over the weekend, when he threatened to “obliterate” Iranian civilian power plants — essentially teasing a war crime — if Iran did not stop blocking oil tankers in the Strait of Hormuzsomething Iran was not doing before Trump attacked them.
But now, he has supposedly pressed pause on that bombing plan for five days because, he said, the negotiations are going well.
When he first announced that in a social media post Monday, it sent oil prices down 10% and boosted stocks.
However, those markets reversed themselves Tuesday after the Iranians said they have not engaged in any serious high-level negotiations with the Americans, and they claimed Trump was making things up to help oil prices. The Israelis said the same thing. (That’s not to say you should take Iran’s word for it, or Israel’s, but you shouldn’t take the White House’s word, either.)
It is becoming increasingly clear that Trump expected a fast and easy win. He had no plan B, and now he is flailing to find some kind of fallback position.
On Monday, sources from the administration told Politico that they have their eyes on a future U.S.-backed leader of Iran: Mohammad Bagher Ghalibaf, speaker of the Iranian parliament.
“He’s a hot option,” one unnamed U.S. source — who seems to really wants a deal — told Blue Light News. “He’s one of the highest. … But we got to test them, and we can’t rush into it.”
But on Tuesday, that “hot option” trolled Trump for what he called a “jawboning campaign” to stabilize oil prices. In a social media postGhalibaf wrote: “[L]et’s see if they can turn that into ‘actual fuel’ at the pump — or maybe even print gas molecules!”
Call it the fog of Trumpian war: a million contradictory messages flying around, constantly wildly pinging bits of news that don’t make sense together.
Right now, we have reports that Trump’s negotiators, including his envoy Steve Witkoff and Vice President JD Vance, are traveling to Pakistan for informal talks with an Iranian official.

At the same time, unnamed U.S. officials have told The New York Times that the Saudi crown prince is pushing Trump to continue the war until Iran’s government collapses — something the Saudis publicly deny.
In fact, The Wall Street Journal is reporting that Saudi officials are holding talks in Riyadh with their Arab counterparts to find a diplomatic off-ramp from the war.
On Tuesday evening, U.S. officials said the Pentagon was poised to deploy 3,000 troops of the 82nd Airborne Division to the Middle East. That is in addition to two Marine expeditionary units on their way to the region and the 50,000 U.S. troops already stationed there.
Also on Tuesday, Iranian-backed militias in Iraq are claiming that U.S. strikes there killed 30 of their members.
But, according to Trump, the peace talks are going great, right?
All eyes everywhere have been on the Strait of Hormuz, where Iran responded to the U.S. attack by striking oil tankers and shutting down 20% of the world’s supply of oil and liquefied natural gas. It is now essentially running a toll operation in the strait.
Some countries, such as China, Japan and India, are negotiating deals with Iran to get its oil out. Which is to say, Iran is shipping more oil and making more money than it was under the U.S. sanctions in place before Trump attacked it.
It’s clear the president sees what’s happening, so now he is trying to share control of the strait with Iran. Trump told reporters the strait would be “jointly controlled” by “maybe” him and “the next ayatollah.”
The administration really thought this was going to be another Venezuela. They told themselves that, and they were egged on to believe it by the staunchest advocates of the war, such as Israeli Prime Minister Benjamin Netanyahu and Sen. Lindsey GrahamR-S.C.
But in Iran, a decapitation strike did not lead to mass uprisings. It did not lead to regime change. It led to the situation in which Iran’s regime is intact, even if militarily degraded, and they now have explicit control of the Strait of Hormuz — a huge pressure point.
It really looks like the U.S. is backed into a corner: It can sue for peace because of the oil tanker situation, but they do not have much leverage, or it can escalate the war. That may be why we’re seeing all these contradictory developments.
In Iran, a decapitation strike did not lead to mass uprisings. It did not lead to regime change. It led to the situation in which Iran’s regime is intact.
Trump issued an ultimatum he had to walk back from because he said there were deep peace negotiations, which then later proved to be completely fabricated.
Now, more U.S. troops are set to be deployed for a possible ground invasion in the Middle East, despite reports that the U.S. has supposedly sent a 15-point plan to Iran through Pakistan to end the war.
It almost looks as if Trump is trying to wave the peace card to keep a lid on oil futures and financial marketsjust long enough to have ground troops in position — and just in time for the markets to close for the weekend on Friday, when Trump’s “pause” on bombing Iranian power plants is set to end.
That could be the plan Trump now settles on, weeks into a deadly war where there was obviously, very clearly, no real plan at all.
Allison Detzel contributed.
Chris Hayes hosts “All In with Chris Hayes” at 8 p.m. ET Tuesday through Friday on MS NOW. He is the editor-at-large at The Nation. A former fellow at Harvard University’s Edmond J. Safra Foundation Center for Ethics, Hayes was a Bernard Schwartz Fellow at the New America Foundation. His latest book is “The Sirens’ Call: How Attention Became the World’s Most Endangered Resource” (Penguin Press).
The Dictatorship
Jury finds Meta and YouTube liable in landmark social media trial, awards $6 million
A California state jury found Meta and YouTube liable in a landmark social media case on Wednesday, awarding $3 million in compensatory damages to a plaintiff who brought the case and putting the Instagram maker’s liability at 70% and the Google company’s at 30%.
The jurors later decided to award a total of $3 million in punitive damages, with Meta to pay $2.1 million and YouTube $900,000. The verdict was reached on the jury’s ninth day of deliberation.
A 2023 complaint accused social media companies of fueling an unprecedented mental health crisis for American children through “addictive and dangerous” products. Plaintiffs accused the companies of deliberately tweaking their products to exploit kids’ undeveloped brains to “create compulsive use of their apps.”
The civil case was brought by several plaintiffs against several companies, but this state court trial, which featured testimonyfrom Meta CEO Mark Zuckerberg, involved a plaintiff described by her initials as “K.G.M.” in court papers against Instagram and YouTube.
In the 2023 complaint, K.G.M. said she was a 17-year-old in California who started using social media at a much younger age, though her mother told her not to and used third-party software to try to prevent the daughter’s social media use. The complaint alleged that the corporate defendants designed their products in ways that let kids evade parental controls and that the companies knew, or should’ve known, that K.G.M. was a minor.
The plaintiff alleged that Instagram’s and other companies’ addictive designs led her to develop “a compulsion to engage with those products nonstop” and to see “harmful and depressive content, urging K.G.M. to commit acts of self-harm, as well as harmful social comparison and body image.”
She alleged that she suffered bullying, depression, anxiety and body dysmorphia through Instagram and that Meta did nothing in response to a report about it. “Meta allowed the predatory user to continue harming minor Plaintiff K.G.M., including through the use of explicit images of a minor child,” the complaint said, adding that the company’s “defective reporting mechanisms and/or deliberate failure to act caused emotional and mental health harms to K.G.M. in addition to and separate from any third-party conduct.”
The companies, which have denied wrongdoingsaid Wednesday that they plan to appeal.
Jillian Frankel contributed from Los Angeles.
Subscribe to theDeadline: Legal Newsletterfor expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in the Trump administration’s legal cases.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
The Dictatorship
Democrat vows to turn ‘Epstein files into Epstein trials’ after release of new depositions
The House Oversight Committee on Tuesday released hours of deposition footage from its interviews with two former close associates of Jeffrey Epsteinattorney Darren Indyke and accountant Richard Kahn. Rep. Melanie Stansbury, D-N.M., a member of the committee, joined “The Weeknight” to discuss the interviews and the efforts to hold any accomplices of the late sex offender accountable.
“What is remarkable is that even in death, his closest associates and co-conspirators are still covering for him,” Stansbury said.
During their depositions, both Indyke and Kahn insisted they had no knowledge of Epstein’s illegal behavior. The New Mexico Democrat cast doubt on those claims, taking particular issue with Indyke’s testimony, during which she said it was possible that Epstein’s former attorney may have “perjured himself.”
“He claimed that he had no knowledge of all of these nefarious activities, and yet he literally has spent decades of his life at the center of this controversy,” she said. “I’m sorry, I’m not buying it.”
Stansbury told MS NOW she believed it was important for the public to understand that both Indyke and Kahn “stand to make tens of millions of dollars off of their execution” of Epstein’s will. She added that “the way the will is structured, there is a survivor fund, and at the end of that, they get to basically keep whatever is left over.”
“We don’t know what was written into whatever contracts, but it’s clear that they have a financial interest,” she said.
Stansbury said the pair’s depositions should be part of a greater effort from lawmakers and law enforcement across the country to pursue accountability for Epstein’s victims, even after his death. She highlighted how her home state, New Mexico, was doing just that.
“That is why we are going to continue to seek justice in this case, and it’s why in New Mexico, not only did we pass a truth commission, but one of the updates that we want to tell people about is that we plan to pursue convictions against individuals who were implicated in these crimes who were not prosecuted by the federal government,” she said. “We want to turn these Epstein files into Epstein trials — and that’s exactly what we plan to do.”
You can watch Stansbury’s full interview in the clip at the top of the page.
Allison Detzel is an editor/producer for MS NOW. She was previously a segment producer for “AYMAN” and “The Mehdi Hasan Show.”
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