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.”
DUBAI, United Arab Emirates (AP) — Iran again launched drone and missile attacks targeting Bahrainand Kuwaiton Sunday following new U.S. airstrikes against the Islamic Republic, and threatened a “complete halt” in negotiations to end the warif Washington continues its attacks.
Efforts to reopen the Strait of Hormuzwithout Iran’s oversight has sparked days of crossfire. A multinational maritime body overseen by the U.S. Navy said Saturday it would expand a route near Omanfor inbound and outbound traffic.
Iranian Foreign Minister Abbas Araghchi on Sunday reiterated the claim that Tehran must govern the strait to the Persian Gulfthat once carried a fifth of the world’s oil and natural gas.
“Any attempt to establish new or separate arrangements from those currently being carried out by the Islamic Republic of Iran will only lead to further complications, delay the reopening of the Strait of Hormuz and increase the level of tension,” Araghchi said.
The strait has long been considered an international waterway despite its location in Iran and Oman’s territorial waters. In recent days, Iran has twice attacked vessels going through a route near the Omani side.
A Pakistani official involved in the technical talks between the U.S. and Iran told MS NOW Sunday that talks between the sides are on hold given the ongoing fighting between the two sides. The source, who did not want to be named to discuss the sensitive matter, said the U.S., Iran, Pakistan and Qatar all have representatives currently in Switzerland to restart discussions when instructed to do so.
But the Trump administration said nothing has been canceled and technical talks are on track for the coming days.
Talks include arrangements around the strait, the removal of a U.S. blockade on Iranian ports and sanctions on Iran, and the future of Iran’s stockpile of highly enriched uranium. The two sides have 60 days from their signing of the memorandum of understanding earlier this month to work out details.
Continued conflict in Lebanon threatens the agreement, which says fighting must end on all fronts before certain issues can be discussed.
Strikes target Gulf states hosting US military
Iran’s paramilitary Revolutionary Guard claimed responsibility for the attacks in Bahrain and Kuwait.
Kuwait, which hosts a major U.S. military base, said air defenses intercepted Iranian drones and two missiles just after the U.S. strikes in Iran. There were no reports of injuries or damage.
Bahrain said the Iranian strikes damaged a residential building near the international airport and no one was killed. Bahrain is home to the U.S. Navy’s 5th Fleet. The damaged building was not near its headquarters.
Bahrain’s Foreign Ministry denounced what it called “a dangerous escalation that reveals that what Tehran is doing is not a passing act, nor an isolated incident, but rather a deliberate approach and a systematic pattern of repeated aggression.”
Later on Sunday, Qatar said a civilian had been killed, and another person was hurt, by shrapnel related to “military operations in the area” after a vessel didn’t return at its scheduled time on Saturday. It did not give details.
Trump accuses Iran of violating ceasefire
The U.S. military said it struck Iranian military “surveillance infrastructure, communication systems, air defense sites, drone storage facilities and minelayer capabilities” following an attack on a ship on Saturday. The Panamanian-flagged tanker Kiku carried crude oil for the state-run energy company of Qatar, another key mediator.
U.S. President Donald Trump on social media accused Iran of violating the deal and warned of a point where the U.S. may “be forced to militarily complete the job.”
“If that happens, the Islamic Republic of Iran will no longer exist!” Trump wrote.
The exchanges of fire began when an Iranian drone struck a merchant vesseloff Oman on Thursday and the U.S. military retaliated.
Ship traffic on the strait had increased over the past 72 hours, “despite the elevated threat environment,” the multinational maritime body overseen by the U.S. Navy said Sunday, adding that “U.S.-assisted commercial transits continued uninterrupted.”
It said 89 such transits had been made, below the historical average of 138 vessels a day.
Iran calls for new ‘conflict control unit’ in Lebanon
Last week, Israel and Lebanon signed a framework agreementto end the latest fighting between Israel and the Iranian-backed Hezbollah militant group, which began two days after the Iran war started when Hezbollah fired at Israel. Israel has responded with an invasion of southern Lebanon and it has said it will not withdraw until Hezbollah is disarmed.
The agreement did not include Iran or Hezbollah, which has criticized itand rejected calls to disarm.
On Sunday, Iran’s foreign minister again said the U.S. must force Israel to halt attacks and withdraw. Israel occupies around 600 square kilometers (231 square miles) in southern Lebanon, which it says it needs as a security buffer.
Sporadic clashes have continued, and Hezbollah’s leader said Saturday that the group would continue fighting until Israel withdraws from Lebanon.
Key Iranian negotiator and parliament Speaker Mohammad Bagher Qalibaf said Sunday that a meeting of a new “conflict control unit” formed among Iran, the United States and Lebanon should meet as soon as possible, Iran’s state broadcaster reported.
Two strikes hit southern Lebanon on Sunday morning — one in Taybeh town and the other in the Nabatiyeh area, according to Lebanon’s National News Agency. There was no immediate word on casualties.
Overnight, Hezbollah militants killed an Israeli soldier in Deir Siryan village in southern Lebanon, according to Israel’s military. Hezbollah did not comment.
Israel targets a village in Syria
Israel’s military targeted Abdin village in southern Syria’s Daraa province with artillery shelling Sunday evening, Syrian state media reported. There was no immediate report of casualties.
State news agency SANA earlier reported that residents had blocked the road into the village with stones to prevent Israeli forces from entering it again after they had entered and withdrawn.
Earlier Sunday, Israel’s military said it had killed several armed men in southern Syria but gave no details. There was no statement from Syrian officials.
Israel seized control of a U.N.-patrolled buffer zone in southern Syria in December 2024 following the ouster of former Syrian President Bashar Assad in an insurgent offensive. Israeli officials initially called the move temporary, but more recently they have said they plan to occupy the zone indefinitely.
New York Mayor Zohran Mamdani has a message for political opponents using him as the new face of the Democratic Party: “Let them.”
Recent primary races in New York turned into a proxy war between progressives, including democratic socialists like Mamdani, and establishment Democratic politicians after candidates endorsed by Mamdani faced off against those endorsed by House Minority Leader Hakeem Jeffries and New York Gov. Kathy Hochul. After all three of Mamdani’s endorsements bore fruit, a national spotlight shone on the mayor as a growing influence in the Democratic Party.
Asked on ABC News’ “This Week” on Sunday how he felt about Republicans making him the “poster child” for the Democratic Party, Mamdani said, “Let them. We don’t have to ask ourselves what life looks like if a socialist wins. I won last November, and over the course of these last six months, what we’ve delivered for working people are the very things we were told were impossible.”
He touted recent campaign promises he delivered on, including freezing rents for nearly one million rent-stabilized apartments, expanding free child care and filling potholes across the city.
“I think we are seeing a hunger that is not just felt by New Yorkers, but frankly by Americans from coast to coast for a new politics, one that puts working people at the heart of it,” Mamdani told ABC.
Mamdani dismissed criticism from Republicans and Democrats alike. Jeffries, who represents parts of Brooklyn and Queens, said last week that he and the mayor “agree to strongly disagree about some of his endorsements, and he’s got work to do in terms of the conversations that he’s going to have with members of Congress moving forward.” Democratic Sen. Richard Blumenthal of Connecticut said, “The effort to nationalize New York is going to fail.”
Mamdani said he’s focused on the three congressional candidates he has already endorsed: Brad LanderDarializa Avila Chevalier and Claire Valdez. But he didn’t rule out future endorsements outside of New York.
“It’s not just New York City where working people are asking themselves ‘why can’t I afford my rent, why can’t I afford my groceries, why can’t I find enough money in my pocket for childcare no matter how hard I work?,’” Mamdani said.
When asked about a recent manifesto penned by a number of moderate House Democrats and Democratic candidates, promoting capitalism over socialism, Mamdani doubled down on his vision for the party.
“I’m not interested in writing a manifesto, or frankly, in reading one,” the mayor said. “I’m interested in delivering.”
Mamdani also criticized Democrats who continue to make antagonizing Trump the center of their politics rather than working people.
“You’ve got to have something that you are not just willing to stand up for, but that you’re also willing to explain how this is relevant to working people,” he said. “And I think this just comes back to the fact that I’m leading a city that’s the wealthiest city in the wealthiest country in the history of the world. I could end the sentence there and say that life is great for 8.5 million people. But it’s also a city where one in four are living in poverty. And for far too many Americans, those contradictions have become their day to day life.”
Erum Salam is a breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian.
Despite remaining undefeated in the initial round of the World Cupthe Iran national team is going home after failing to secure enough points to advance. But they do not leave quietly.
Iran’s tumultuous journey in the World Cup has been the subject of widespread attention amid the U.S. war with Iran, with the United States being one of three countries hosting matches. The Iranian team captain, Mehdi Taremi, blamed FIFA, saying, “It’s a disaster World Cup. A disaster.”
“I mean, FIFA, they have to solve every problem here but unfortunately they could not solve it since the beginning,” Taremi said at a press conference Friday after his team drew with Egypt, knocking Iran out of the tournament.
He pointed to the team’s biggest obstacle. “We don’t have our logistics people here. They don’t have a visa,” Taremi said, adding, “We always complain about these things but no one helps. No one.”
The Trump administration denied visas to key Iranian staff and severely restricted players’ travel. The team’s base camp was moved from Arizona to Tijuana, Mexico, where it was required to return immediately after each game.
“How is it possible we always have to travel from Tijuana? We love the people in Tijuana. We love Mexico,” the Iran team captain said, but added, “It’s not fair.”
Throughout the tournament, the Football Federation of Iran lamented the number of issues, threatening to lodge a formal complaint against FIFA. Head coach Amir Ghalenoei called his team the “most oppressed” in the tournament. A few days before Iran’s final match against Egypt in Seattle on Friday, the U.S. loosened travel restrictions to allow players to enter the United States two days before the game.
“The Iran team will still be required to leave the day the match ends,” the Department of Homeland Security said ahead of the match. “The overall security measures and protocol are the same. We remain committed to providing the safest tournament possible for players, staff, and fans alike.”
Still, Iran finished Group G in third place with three points earned after drawing in its matches against Belgium, New Zealandand Egypt. Under FIFA’s new 48-team format, the top eight of third-place teams move on to the next round, but Iran narrowly fell short.
The team initially seemed poised to advance when it was tied with the same amount of points as Algeria, which scored a goal in stoppage-time against Austria Saturday night. But moments later, Austria tied the game, guaranteeing Iran’s elimination.
Off the field, tensions with Iran heightened Friday when the U.S. struck Iran despite signing a memorandum of understanding meant to halt hostilities in order to finalize a peace deal.
Erum Salam is a breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian.
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