Despite being indicted on federal charges of bank fraud and false statements, New York Attorney General Letitia James has made it clear: she’s not stepping down. In a defiant statement following her indictment in the Eastern District of Virginia, James called the charges “baseless” and accused former President Donald Trump of continuing to “weaponize the justice system.”
But how does an indicted official continue to run one of the most powerful legal offices in the country? The answer lies in both legal precedent and the structural independence of the New York Attorney General’s office.
Letitia James and the Power of the AG’s Office
As New York’s chief legal officer since 2018, Letitia James oversees an agency of 1,700 staff members—including 800 lawyers—who handle everything from consumer protection and environmental enforcement to criminal investigations into police misconduct and Medicaid fraud.
Critically, the office operates independently of the governor, giving the attorney general wide latitude to pursue civil and criminal cases without political interference. That autonomy also means there’s no automatic mechanism forcing James out—even under indictment.
Precedent for Indicted Attorneys General
James isn’t the first state attorney general to face criminal charges while in office. Ken Paxton, Texas’s attorney general, was indicted in 2015 on securities fraud charges and remained in office for nearly a decade before reaching a deal with prosecutors in 2024 to avoid trial.
“It’s just as simple as that,” said James E. Tierney, a former Maine attorney general and Harvard Law lecturer. “There are 800 professional lawyers in that office, and they will all be at their desk working tomorrow doing what they were doing today.”
James’s Legal Battles with Trump
James has been a thorn in Donald Trump’s side since her 2018 campaign, where she vowed to hold him accountable. Her office led a high-profile civil fraud lawsuit that resulted in a $500 million judgment against Trump in 2023—later reduced on appeal as “excessive.”
She has also been involved in nearly 40 lawsuits challenging Trump’s policies during his second presidential term, leading or co-leading 17 of them. Legal ethics experts, including NYU’s Stephen Gillers, confirm she’s under no obligation to recuse herself from those cases.
What the Indictment Alleges
The federal indictment, filed in Virginia, accuses James of bank fraud and making false statements—allegations she denies. While details remain under seal, her team insists the case is politically motivated, pointing to Trump’s repeated public calls to “go after” her.
Public Reaction and Political Fallout
Reactions have split along predictable lines. Democratic allies have rallied around James, calling the indictment a dangerous escalation in the politicization of federal law enforcement. Republicans, meanwhile, argue that no one is above the law—even a sitting attorney general.
Structure of the NY Attorney General’s Office
| Division | Key Responsibilities |
|---|---|
| Civil Rights Bureau | Discrimination, police misconduct, voting rights |
| Criminal Justice Division | Medicaid fraud, public corruption, organized crime |
| Environmental Protection Bureau | Climate enforcement, pollution lawsuits |
| Consumer Frauds & Protection | Scams, deceptive business practices |
| Solicitor General’s Office | Represents NY in federal court, including Trump lawsuits |
What Happens Next?
James has vowed to “fight these baseless charges aggressively” while continuing to “fiercely protect New Yorkers and their rights.” With no legal requirement to step aside and strong institutional support, she appears poised to remain in office through the legal process.
As legal scholars note, the real test won’t be procedural—it will be political. Public trust, media scrutiny, and upcoming elections may ultimately determine how long James can maintain both her legal defense and her leadership role.
