Overview
- On the eve of arraignment in Norfolk, James’s lawyers filed notice that they will move to dismiss the indictment, arguing interim U.S. Attorney Lindsey Halligan was unlawfully installed.
- The defense also asked the court to restrict out‑of‑court disclosures after Halligan messaged a Lawfare editor about the case, with filings asserting the exchange referenced protected information.
- A September memo by career prosecutors reportedly found James’s personal gain was minimal—about $800 in the purchase year—and warned that unclear federal occupancy standards could hinder proving intent.
- Investigators documented conflicting witness accounts, found only $1,350 reported in 2020 as utility reimbursements, noted a 20% down payment, and recorded differing estimates of any interest‑rate advantage versus an investment loan.
- Erik Siebert was removed after resisting charges and replaced by Halligan, who secured the indictment and later fired the memo’s author, Elizabeth Yusi; a similar appointment challenge is pending in James Comey’s case.