New York State Attorney General Letitia James is turning to a national Democratic group to fund her legal defense as prosecutors appointed by President Donald Trump investigate and bring charges against his adversaries.
James’s maneuver hints at the significant legal exposure she faces and is further evidence that she is a key target of Trump’s ongoing efforts to influence the historically independent U.S. Department of Justice. James, a Democrat, won a 2023 fraud judgement against the Republican president that cast doubt on Trump’s claims to be a brilliant businessman.
The president has publicly pushed U.S. Attorney General Pam Bondi to bring charges against his critics and replaced career prosecutors with loyalists. Last week prosecutors in Virginia charged former FBI director James Comey with lying to Congress. Trump had demanded Bondi charge Comey in a social media post that also mentioned James, writing “they’re all guilty as hell.”
On Friday, the Democratic Attorneys General Association announced it was setting up a fund that James and other officials could tap.
“Trump has overtly threatened elected officials who seek to hold him accountable for actions that break the law or run afoul of the Constitution, and he’s specifically targeting Democratic AGs,” DAGA president Sean Rankin said. “We expect the attacks on AG James to escalate, as well as new politically motivated actions against other AGs.”
The Justice Department didn’t return a request for comment.
The most immediate legal threat to James stems from allegations that she made false statements on loan documents related to her Brooklyn brownstone as well as a house in Virginia. The Trump-appointed head of the Federal Housing Finance Agency referred the matter to the Justice Department in April.
Bondi then designated lawyer Ed Martin to be a special prosecutor in the mortgage fraud case, NPR reported. The appointment came after Martin’s nomination to be the U.S. attorney in Washington D.C. was withdrawn amid concerns about his legal work representing Jan. 6 rioters.
James has denied wrongdoing. Her personal attorney, Abbe Lowell, said in August that weaponizing the Justice Department is an attack on the rule of law.
Trump said this month on social media that he fired Erik Siebert, the interim U.S. attorney in eastern Virginia, for not taking action against James, Comey and former U.S. Sen. Adam Schiff, a Democrat from California who led the first impeachment trial of Trump. It isn’t clear whether Martin and the Virginia prosecutors are working together on the James case.
The president says James, Comey and Schiff were key figures in what he deems unfair and politically motivated investigations. Trump nominated Lindsey Halligan, a White House aide with no prosecutorial experience, to replace Siebert.
“We can’t delay any longer, it’s killing our reputation and credibility,” Trump wrote. “JUSTICE MUST BE SERVED NOW!!!”
A grand jury in Virginia last week handed up an indictment of Comey that accused him of lying to Congress in 2020 during testimony about the bureau’s probe of Russian interference in the 2016 presidential election. Comey said he is innocent.
James’ reelection campaign has been soliciting supporters with emails and text messages seeking contributions to help go “toe to toe with Donald Trump and his allies who believe they’re above the law.”
The legal defense fund is different. Donors won’t be subject to state laws that limit campaign contributions and require public disclosure. New York City has regulations for legal defense funds set up by elected officials, including Mayor Eric Adams, but there is no parallel system for state officials.
The Democratic Attorneys General Association said contributions would be routed through a 527 organization and would be disclosed in an annual filing. That kind of organization can accept unlimited donations from individuals, corporations and labor unions in order to influence policies, appointments or elections.
Money from the fund will cover fees incurred by Lowell’s firm. A spokesperson for the attorney general’s office said James was declining to tap a special $10 million appropriation included in the state budget for officials subject to retaliatory investigations.
Republicans have attacked that provision, saying it was tailor-made for James.
“I can’t imagine a majority of New Yorkers not being outraged that their hard-earned dollars that go to the government are now being used — or can be used — to pay for private attorneys to defend public officials against charges of crimes that they committed, having nothing to do with their elected position,” state Sen. Andrew Lanza, a Staten Island Republican, said during legislative debate.
John Kaehny, executive director of the watchdog group Reinvent Albany, said New York lawmakers should enact regulations on legal defense funds. He suggested James utilize the recently created state program.
“We think it creates less potential conflict of interest for AG James to use the taxpayer funds appropriated by the governor and legislature with her legal defense in mind than a national 527 political account that can accept unlimited contributions from special interests that lobby the state of New York,” Kaehny said.
A spokesperson for state Comptroller Tom DiNapoli’s office said nobody has tapped into the state’s new program or submitted invoices for review.
In August, DiNapoli’s office approved a request by James to use up to $1 million of taxpayer funds for an outside legal firm related to a separate federal investigation into her activities.
Investigators in that Albany-based probe, led by acting U.S. Attorney John Sarcone, are seeking records related to James’ civil fraud suit against Trump as well as another case she brought against the National Rifle Association.
James’s office hired Munger, Tolles Olson LLP to respond to the subpoenas. Records released by the state comptroller’s office say the firm will bill as much as $1,650 an hour for its work.
