Letitia James' lawyer Abbe Lowell submitted a court filing demanding that the government follow legal requirements for grand juries after U.S. Attorney Lindsey Halligan lashed out at a legal reporter on Signal.
The filing, posted by national security analyst Marcy Wheeler, demands the enforcement of rules prohibiting extrajudicial disclosures and statements.
"In initiating this contact, Ms. Halligan—the lead prosecutor on this case as of the date of this filing—commented on the credibility and general strength of the evidence presented to the grand jury. She also commented, more generally, on the purported strength of the case she was bringing, complained about the New York Times’ coverage of a certain witness’s grand jury testimony, and stated the article did not convey a 'full representation' of what took place before the grand jury," the filing says.
"These extrajudicial statements and prejudicial disclosures by any prosecutor, let alone one purporting to be the U.S. Attorney, 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," it continues.
Wheeler specifically pointed to two footnotes in the filing. One said the government "can and does prosecute" violations about not discussing grand jury information, but they're not filing a formal request for that yet.
"Footnote 5: You know, you could throw Lindsey in jail on contempt charges for this. Footnote 6: But Attorney General James is not yet asking you to do so," Wheeler characterized the footnotes, saying.
James will, however, seek records from Halligan's Signal noting that in her messages the prosecutor confessed "in her exchange with the journalist to a likely violation of the federal records laws and rules around using unapproved electronic messaging accounts," the filings says citing the legal specifics that an officer or employee of an executive agency" is restricted "from sending messages using a non-official electronic messaging account)," Wheeler cited from the filing documents.
"Ms. Halligan acknowledged she was using an unofficial messaging application, Signal, with its 'disappearing messages' feature enabled and set to automatically delete after eight hours," the filing continues.
The filing explains that "trying to delete the paper trail of improper communications does not mean they did not occur."
Wheeler also referred to Lowell dropping some shade in the filing, in which he says, "No prosecutor is exempt from following those rules, but they should be followed to the letter by anyone trying to lead a prosecutor's office."
Wheeler pointed out that James is the first of the political defendants "making a stink" about the text exchange with the reporter.
President Donald Trump's administration has targeted James after she prosecuted him in a New York fraud case. Trump was found guilty of 34 counts.
First, Trump targeted former FBI Director James Comey and, more recently, former National Security Advisor John Bolton. Sen. Adam Schiff (D-CA) is also among those being investigated, but the prosecutor's case has stalled, NBC News reported Thursday.

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