U.S. Attorney's Job at Risk for Not Prosecuting New York Attorney General
The U.S. Attorney for the Eastern District of Virginia is on the cusp of losing his job due to his refusal to press charges against the New York Attorney General, Letitia James. His office had been instructed to look into allegations of mortgage fraud against James, but any evidence of wrongdoing had proven elusive.
Despite the lack of clear proof that James had committed mortgage fraud when buying a house in Virginia, the U.S. Attorney, Erik Siebert, was pressured to file criminal charges against her. There was a considerable pushback when Siebert refused to take this action without substantial evidence.
Job Termination Could Lead to Crisis
Letting go of Siebert could lead to significant disruption in one of the country's most noteworthy attorney offices, which regularly handles national security cases, including espionage and terrorism. This move could also escalate worries about the alleged misuse of the Department of Justice to target political opponents.
Appointed to his position by the President, Siebert has been informed that he may be replaced with someone more willing to aggressively pursue an investigation into James. This shift signifies an intensification of what many critics deem a campaign of retribution against political adversaries.
Political Tensions Rise
James, who has successfully sued the President for civil fraud and is leading several lawsuits challenging his administration's policies, has been accused of being "biased and corrupt." She has been repeatedly accused of targeting the President for political reasons, with the President claiming she's "a horror show" who wanted to go after him before she even knew anything about him.
After a three-month trial, a judge in New York found that the President and his family had committed business fraud over a decade by inflating the value of their properties to secure favorable loan terms. The court imposed a fine of nearly half a billion dollars on the President and his sons. Although an appeals court dismissed the financial penalty, it upheld the finding of fraud.
Details of the Alleged Mortgage Fraud
Officials argue that James committed mortgage fraud because a document related to her home purchase allegedly falsely indicated the property would be her primary residence. The investigation was initiated after a criminal referral about James was sent to the Department of Justice.
One of the key pieces of evidence, a limited power of attorney form used by James' niece to sign documents on her behalf, was not considered by the loan officers who approved the mortgage, according to investigators.
Background on U.S. Attorney Siebert
Siebert, a former police officer with the Metropolitan Police Department in Washington, D.C., earned his law degree in 2009 and has been an assistant United States attorney in the Eastern District of Virginia since 2010. He has held various positions in the office, including leading the office's organized drug crime task force and supervising the office's Richmond division.
Following the resignation of the previous office head, Siebert started serving as the interim U.S. Attorney. He was recommended for the position by both of Virginia’s Democratic senators, and the President nominated him for the position. After his 120-day term as interim U.S. Attorney ended, the United States District Court for the Eastern District of Virginia unanimously agreed to extend Siebert's tenure.
The U.S. Attorney's Office for the Eastern District of Virginia, one of the most high-profile federal prosecutors' offices in the country, serves over six million people with a staff of 300 prosecutors. It often handles significant terrorism and intelligence-related cases due to its proximity to Washington and the multiple government offices in its jurisdiction.