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Docs Showing Letitia James’ Residence Could Be Legal ‘Problem’ for AG
Newly discovered documents alluding to the residence of New York Attorney General Letitia James could have potential legal ramifications, legal experts tell Newsweek.
Newsweek reached out to James’ office, New York Governor Kathy Hochul’s office, and the Department of Justice (DOJ) for comment.
Why It Matters
James, 66, has served as New York’s attorney general since 2019. The Democrat is the first African American and first woman to be elected to that position in state history.
She has gained notoriety in her various legal battles against President Donald Trump and his family, notably a New York judge’s ruling in 2024 ordering then-former President Trump to pay a $454 million civil fraud judgment after James sued him for falsely inflating the value of his property.
What To Know
James, who was born in Brooklyn and is unmarried, filed the civil fraud lawsuit against Trump and the Trump Organization in October 2023.
However, according to legal filings reviewed by Newsweek, about two months prior to that suit being filed, James had amended her own records as part of a real estate transaction.
Michael M. Santiago/Getty Images
A “specific power of attorney” document signed by James on August 17, 2023, shows her intent to change her residence to Norfolk, Virginia. The attorney general authorized her relative, Shamice Thompson-Hairston, to act on her behalf.
The document states: “I HEREBY DECLARE that I intend to occupy this property as my principal residence.”
The existence of the documents was first reported by Sam Antar of the White Collar Fraud blog.
The 1,450-square-foot single-family home property in Norfolk was built in 1947 and has three bedrooms and one bathroom, per the deed. It was purchased for $240,000, with a $219,780 mortgage.
James and Thompson-Hairston have equal ownership rights as both are listed within as co-owners in “joint tenancy with right of survivorship as at common law.” Thompson-Hairston signed both the mortgage document and later signed another document, making herself attorney of fact.
A separate land record stipulates both women to “occupy, establish, and use” the Norfolk home as their “principal residence” within 60 days and to keep it their “principal residence” for at least one year.
“This is a potential problem for Letitia James,” former federal prosecutor Neama Rahmani told Newsweek.
He cited New York law as it pertains to elected officials to be one potential legal roadblock.
State law says the following: “When an officeholder removes his residence from the territorial limits required by statute, the office is rendered vacant.”
Rahmani once successfully led prosecution in a similar situation involving a council member on the Los Angeles City Ethics Commission who didn’t live in his district and was removed.
He said James may also face legal issues pertaining to fraud.
“There’s potential mortgage fraud because your mortgage rates for your primary residence are gonna be lower than your mortgage rate for a secondary resident, like the rental or vacation home, so she said this with a primary residence to get a better mortgage,” he said.
Tax fraud could also potentially be investigated, he added, citing how people routinely have different residences in other states due to lower tax rates than, say, New York or California.
“There’s obviously no question that Letitia James is a target of Donald Trump,” Rahmani said. “And the issue with the last two crimes is that they’re federal crimes. So, she could be prosecuted by the DOJ for something like that.”
He doesn’t believe any legal entanglements would alter the outcome of the Trump fraud trial and judgment.
New York City trial attorney Nicole Brenecki told Newsweek that while the Trump civil case may not have legal ramifications, it could have political ones.
“Ms. James brought a high-profile case against Donald Trump for civil fraud,” Brenecki said. “Signing a false declaration to obtain any benefits generally constitutes civil fraud. As such, Ms. James will likely be scrutinized and criticized by her political opponents for doing exactly what she accused Trump of in that case.”
As for those seeking to boot her out of office, Brenecki said, “there is a legal path to do so.”
“The mortgage company also has legal standing to pursue damages if lower interest was in fact obtained as a result of a false declaration of residency,” she said. “However, this appears to be the most far-fetched scenario as litigation is timely and costly, and the potential damages would have to outweigh this expense.”
What People Are Saying
President Trump on Truth Social on April 14: “Letitia James, a totally corrupt politician, should resign from her position as New York State Attorney General, IMMEDIATELY. Everyone is trying to MAKE NEW YORK GREAT AGAIN, and it can never be done with this wacky crook in office.”
Letitia James in 2022 to theGrio, about a year before these new allegations came to light, when asked whether her office is politically motivated: “No one is above the law. I pursue cases based on evidence, based on facts and based on an analysis of the law … the politics stop at my door.”
What Happens Next
It remains unclear whether DOJ or others are investigating this alleged conflict of interest.
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