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
Lawsuit seeks to stop the UFC fight on the White House South Lawn for Trump’s birthday
NEW YORK (AP) — A federal lawsuit seeks to halt the upcoming UFC fight card on the White House South Lawn in a mixed martial arts show timed for President Donald Trump’s 80th birthday and part of the celebration of the nation’s 250th anniversary.
The filing Saturday by the Public Integrity Project on behalf of two Virginia residents contends the Trump administration’s authorization of the June 14 event was unlawful. The lawsuit says such approval violated National Park Service regulations prohibiting sporting events on federal parklands, Congress did not consent to the towering arch overlooking the event space and no environmental review was conducted before the construction.
“This is fundamentally a private, commercial, corrupt use of our most sacred national monuments for private gain,” said Brendan Ballou, a lawyer for the plaintiffs. “And that is what is motivating this lawsuit.”
The White House said in a statement that the legal challenge was “an obstructionist, baseless, and dilatory” attempt to prevent Trump from hosting the fight and that the event was “no different than the various other White House-hosted events on the South Lawn and properly permitted events on the Ellipse and National Mall throughout the year.”
UFC did not immediately respond to a request for comment Sunday.
Crews are erecting an octagon-shaped cage on the South Lawn. Trump has said the finished UFC project will feature “a 5,000-seat arena right outside the front door of the White House.” Additional large screens broadcasting the fights will be set up in a park at the nearby Ellipse, and the UFC has said it plans to issue as many as 85,000 free tickets to accommodate spectators at both locations.
The octagon and surrounding structures are the latest project in the White House building boom Trump is leading.
In an explosive interview with NBC aired Sunday, President Donald Trump cut the grilling short and left the set after peppering “Meet the Press” moderator Kristen Welker with insults.
“You’re either crooked or you’re stupid,” Trump told Welker, who kept a cool demeanor despite the president’s barrage of disparaging slurs.
Moments before he attacked her, Trump — without providing any evidence — said he believes elections in the U.S. are rigged. Then he lambasted television news networks, singling out NBC, CBS and ABC.
“They’re crooked just like you’re crooked, your press is crooked. And ‘Meet the Press’ is crooked,” Trump said.
“To be fair, I’m not crooked,” Welker shot back. “But let’s continue.”
“Let’s call it quits because I’ve had enough,” the president told Welker, who is the second woman and first Black journalist to helm the network’s flagship program.
Trump added, “Thank you, darling. Have a good time.”
It was not the first time Trump has berated a female journalist on the job covering his presidency.
In November 2025, he told Bloomberg’s Catherine Lucey to stop talking, saying, “Quiet. Quiet, piggy.” One month later, he told ABC’s Rachel Scott she was “the most obnoxious reporter in the whole place.” Last month, he called MS NOW White House reporter Akayla Gardner “a dumb person” for pointing out that the cost of his White House ballroom project had doubled since it was first announced.
He has also repeatedly lashed out at CNN’s Kaitlan Collinscriticizing her for not smiling enough.
The wide-ranging interview, which was taped last week on a farm in Wisconsin, was interrupted by the loud sound of heavy rain on the metal roof of the barn where they met. Welker questioned Trump on his war with Iran, his “anti-weaponization” fund and the upcoming midterm elections.
On his nearly $1.8 billion fund aimed at compensating people who say they were wrongly prosecuted, including Jan. 6 Capitol rioters, Trump said “people were destroyed by dirty cops and by weaponization. Many of those people should be compensated.”
He described the people who stormed the Capitol on Jan. 6, 2021, as people who were “being ushered into the building” by law enforcement.
A federal judge temporarily blocked the fund last month and acting Attorney General Todd Blanche said last week the administration would not be moving forward with the fundwhich faced bipartisan backlash.
When asked if the administration would pursue other avenues to revive it, Trump said he does not know what will ultimately happen and called Welker and her network “the fake dirty press.”
Despite campaigning on a promise to end foreign wars, Trump denied that he made such statements. He characterized the Iran war, launched by the U.S. and Israel on Feb. 28, as necessary to prevent Iran from developing a nuclear weapon.
When asked about the rising cost of living as a result of the war, specifically gas and fertilizer, Trump chastised Welker.
“Are you ready? Am I allowed to talk? You keep asking questions and you don’t listen to the answers,” he said.
“I love the farmers and the farmers love me,” Trump said, adding that prices will come down after the war.
Welker suggested to her viewers Sunday that she and the president had a cordial conversation Saturday, saying they both “acknowledged the complications” posed by the rain. “He agreed to sit down with me for another ‘Meet the Press’ interview,” she said.
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.
Iran said visas were denied to key members of its national soccer team ahead of the World Cupwhich a U.S. official insisted was necessary so that Iran does not try to “sneak terrorists into the United States.”
In a post on Xthe Iranian embassy in Turkey said “visas were denied to a large portion of the managerial and executive staff, technical advisers, and others” on its team.
“You have now escalated the deliberate and discriminatory treatment against Iran’s national football team to its highest level,” the embassy said, accusing the U.S. of the “worst possible form of politically biased interference in sport” and “depriving Iran’s national team of its right to play in the World Cup under normal conditions.”
Iranian officials are accusing the U.S. government of violating FIFA regulations and breaching its obligations as one of the host countries of what is widely regarded to be the biggest sporting event in the world. The diplomatic standoff between the two countries comes just days before the World Cup is set to kick off and more than three months after the U.S. and Israel waged war against Iran.
A Trump administration official who was granted anonymity to speak candidly about the subject told MS NOW in a statement that the visas “necessary for Iran to compete in the World Cup, including for athletes and necessary support staff, have been issued.”
The official added, however, “We will not allow the Iranian team to abuse this system to sneak terrorists into the United States under false pretenses.”
The statement from the Iranian Embassy in Turkey came in response to a post on X by U.S. Ambassador to Turkey Tom Barrack praising embassy staff for processing visas for the Iranian national team.
According to The Associated Presssome of the team’s officials have not received visas to enter the U.S., which is co-hosting the World Cup with Mexico and Canada. Games are set to begin Thursday.
Problems with getting U.S. visas had already led Iran to move its World Cup training base from the U.S. to Mexico. But Iran is still listed on the official World Cup schedule to play its first two games in Los Angeles on June 15 against New Zealand, and against Belgium six days later before heading to Seattle to face Egypt.
The Iran Football Federation’s secretary-general and its vice president were among 14 staff and officials without U.S. visas, AP said, citing Iranian state television. The federation reportedly accused the U.S. of “vindictive behavior.”
Emily Hung contributed to this report.
Clarissa-Jan Lim is a breaking news reporter for MS NOW. She was previously a senior reporter and editor at BuzzFeed News.
- US to reach $41T debt ceiling as soon as late winter, forecasters predict
- US to reach $41T debt ceiling as soon as late winter, forecasters predict
- US to reach $41T debt ceiling as soon as late winter, forecasters predict
- Lawsuit seeks to stop the UFC fight on the White House South Lawn for Trump’s birthday
- Republican leading AI effort has ambitious timeline for getting his bill through the House
- US to reach $41T debt ceiling as soon as late winter, forecasters predict
- Senate funding action stalled amid partisan stalemate on totals
- Republicans hope Trump retreats on Pulte to save spy law
- US to reach $41T debt ceiling as soon as late winter, forecasters predict
- US to reach $41T debt ceiling as soon as late winter, forecasters predict
-
Politics1 year agoFormer ‘Squad’ members launching ‘Bowman and Bush’ YouTube show
-
The Dictatorship1 year agoLuigi Mangione acknowledges public support in first official statement since arrest
-
Politics1 year agoFormer Kentucky AG Daniel Cameron launches Senate bid
-
Uncategorized2 years ago
Bob Good to step down as Freedom Caucus chair this week
-
The Dictatorship1 year agoPete Hegseth’s tenure at the Pentagon goes from bad to worse
-
The Josh Fourrier Show2 years agoDOOMSDAY: Trump won, now what?
-
Politics1 year agoBlue Light News’s Editorial Director Ryan Hutchins speaks at Blue Light News’s 2025 Governors Summit
-
The Dictatorship9 months agoMike Johnson sums up the GOP’s arrogant position on military occupation with two words