Tish James escapes DOJ's case against her — for now
Plus: Elise Stefanik received a big endorsement Monday and Hochul signed 70 bills.
Good afternoon — It’s Monday and Sardines Day.
In today’s CapCon:
A federal judge tossed the U.S. Department of Justice’s mortgage fraud case against New York Attorney General Letitia James but it likely isn’t over.
U.S. Rep. Elise Stefanik secured a big endorsement Monday in her bid to avoid a Republican primary for governor.
Gov. Kathy Hochul signed 70 bills late Friday. Here’s the full list.
NYRA is asking lawmakers to carve horse racing into mobile sports betting.
A new bill would require more transparency from law enforcement agencies on their use of artificial intelligence.
This Week in New York History: Shirley Chisholm and the Macy’s Thanksgiving Day Parade.
Names in today’s CapCon: Letitia James, Lindsey Halligan, Donald J. Trump, Cameron McGowan Currie, James Comey, Elise Stefanik, Mike Lawler, Ed Day, Bill Weber, Bruce Blakeman, Jeffrey Cannizzo, Linda B. Rosenthal
Today’s Capitol Confidential is sponsored by Food & Water Watch.
Tell Governor Hochul to sign the Legislature’s repeal of the 100-foot rule. New Yorkers shouldn’t have to subsidize new gas hookups. End this outdated giveaway and cut costs for families. — Food & Water Watch
⚖️ Federal judge tosses DOJ’s indictment of Tish James over Halligan appointment
The mortgage fraud case brought against New York Attorney General Letitia James by the U.S. Department of Justice has been tossed — for now.
A federal judge on Monday granted a motion from James to dismiss the indictment against her because of how it was secured and, more specifically, who brought it.
That was Lindsey Halligan, who U.S. Attorney General Pam Bondi appointed as interim U.S. Attorney for the Eastern District of Virginia in September after the previous holder of that office, Erik Siebert, resigned.
Siebert departed after media reports indicated that his office hadn’t found a case worth pursuing against James. President Donald J. Trump said publicly after those reports were published that he wanted Siebert to resign.
A few days later, Trump published a post on Truth Social addressed directly to Bondi. Trump wrote that he was frustrated a case hadn’t yet been brought against James or former FBI Director James Comey.
Bondi then issued the order to install Halligan to fill the vacancy left by Siebert on an interim basis. That wasn’t allowed, wrote U.S. District Judge Cameron McGowan Currie on Monday.
That’s because, she wrote, the clock had run out on Bondi’s ability to appoint an interim attorney.
The case comes down to Currie’s interpretation of federal law. The law, she wrote, gave Bondi a 120-day window to appoint an interim U.S. attorney.
If the U.S. Senate hasn’t confirmed a nominee by the end of that window, the responsibility to appoint an interim U.S. attorney shifts from Bondi’s office to the federal judges in the district.
The clock started ticking the day Siebert was first appointed in January, Currie wrote.
“When that clock expired on May 21, 2025, so too did the attorney general’s appointment authority,” Currie wrote.
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