James's Attorneys Seek Court Order to Halt Prosecutors' Public Statements, Citing 'Stunning Disclosure' in Signal Exchange

On October 24, attorneys representing New York Attorney General Letitia James filed a motion asking a federal court to curb prosecutors’ extrajudicial statements regarding her ongoing indictment. This action follows a recent article by Lawfare Senior Editor Anna Bower, which recounted a private Signal messaging exchange with U.S. Attorney Lindsey Halligan. James's legal team characterized Halligan's communication as an "unusual and improper occurrence" and a "stunning disclosure of internal government information."

The comprehensive motion requests the court to prohibit further government disclosures of investigative materials and statements to the media concerning the case, parties, or witnesses. It further demands that government counsel and agents adhere to federal rules regarding records retention, preserve all communications with media, and maintain a log of such contacts. James's attorneys argue these measures are necessary to ensure adherence to the Federal Rules of Criminal Procedure, the Code of Federal Regulations, and various ethical responsibilities.

The precipitating event for the motion was an October 20 Lawfare article detailing the Signal conversation initiated by interim U.S. Attorney Lindsey Halligan. During this exchange, Halligan reportedly commented on the "credibility and general strength of the evidence presented to the grand jury" in James's case. Attorneys for James stated that such comments by a lead prosecutor

"run afoul of and violate the Federal Rules of Criminal Procedure, the Code of Federal Regulations, this Court’s Local Rules, various rules of ethical and professional responsibility, and DOJ’s Justice Manual."

Lindsey Halligan, appointed by former President Donald Trump, currently serves as the interim U.S. Attorney for the Eastern District of Virginia. Her appointment, made despite her background as Trump's personal lawyer and lack of prior prosecutorial experience, is also being challenged as unlawful by James's legal team, as well as by former FBI Director James Comey. Attorney General James faces charges of bank fraud and making false statements to a financial institution, with her indictment unfolding publicly over recent months.

The motion underscores the defense's commitment to ensuring a fair trial and impartial proceedings for Attorney General James. By seeking judicial intervention, James's lawyers aim to prevent any further prejudicial disclosures and uphold the integrity of the legal process. The legal challenge highlights broader concerns about prosecutorial conduct and the legitimacy of politically appointed officials in sensitive legal proceedings.