DOJ Shocks Court: Will Not Comply with Judge’s Order in Fraud Case

UPDATE: The U.S. Department of Justice (DOJ) has taken the unprecedented step of informing a federal judge that it will not comply with a court order in the high-stakes criminal bank fraud case against New York Attorney General Letitia James. This shocking development occurred on July 25, 2023, when Assistant U.S. Attorney Roger Keller filed a brief indicating that the DOJ would not provide discovery related to James’ motion to dismiss the case on grounds of alleged vindictive prosecution.

In a filing that stunned legal experts, Keller stated that the law does not allow for discovery on prosecutorial decisions until the defendant, in this case, James, presents significant evidence of misconduct. The DOJ’s stance is that “the Court’s instruction to produce any vindictive/selective prosecution-related discovery is premature.” This declaration raises serious questions about the DOJ’s relationship with the judiciary and the implications for the ongoing case.

Legal analysts expressed their disbelief at the DOJ’s refusal to comply. Politico legal analyst Josh Gerstein remarked on X,

“Unusual filing in Tish James case… DOJ says it isn’t complying with judge’s order to turn over discovery on selective prosecution issue.”

He noted that the typical procedure would involve a motion to reconsider rather than a straightforward notice of non-compliance.

This latest development comes amid a series of missteps by Lindsey Halligan, Trump’s acting U.S. attorney in the case. Halligan’s appointment has raised eyebrows due to its controversial nature, prompting the DOJ to publicly endorse her role and the charges she is pursuing to prevent potential disqualification in federal court.

The ramifications of this refusal to comply with a judge’s order could be significant. It not only challenges the authority of the court but also complicates the ongoing legal battle that has already captured national attention. The case represents a critical intersection of politics and law, with implications that could reverberate throughout the legal system.

As this situation unfolds, observers are closely watching for the next steps from both the DOJ and the federal court. Legal experts anticipate potential repercussions for the DOJ’s decision, which could further escalate tensions between the executive and judicial branches.

Stay tuned for further updates on this developing story as the legal landscape shifts and the stakes rise.