‘A Political Prosecution is a Perilous Precedent for All Americans’
Washington, D.C. (Oct. 10, 2025) – The National Association of Criminal Defense Lawyers (NACDL) unequivocally condemns the federal indictment of New York Attorney General Letitia James, stating that the action appears to be an "untenable breach of institutional independence" that severely undermines the rule of law.
NACDL President Andrew Birrell pointed to the fragility of the case’s foundation: “The indictment alleging bank fraud and making a false statement to a financial institution, which follows directly from the president’s public demands for political retribution, appears to be a staggering escalation of federal action against perceived political enemies, such as James and former FBI Director James Comey, Jr. This is not blind justice; it is the targeted weaponization of the Department of Justice. The American criminal legal system must never be reduced to a tool of political vengeance. Federal charging decisions must be free from the appearance of a prosecution driven by partisan goals rather than a good-faith assessment of evidence and law. Sadly, this indictment appears driven not by law and facts, but by political appointees pushing for partisan payback.”
NACDL stressed that the core principle at stake is the non-negotiable independence of the Department of Justice, which must operate free from the command of the executive branch to target political adversaries.
NACDL Executive Director Lisa M. Wayne addressed the dangerous historical precedent: “A political prosecution sets a dangerous and damning precedent for all Americans. The suspicious timing and clear pattern of targeting duly elected leaders proves that this does not add up to equal justice under law. The Department of Justice cannot serve as a protector for all people in America while also being used as a political pawn. Weaponizing the vast power of the DOJ is not just ill-conceived; it is fundamentally un-American. Our Constitution was forged precisely to prevent government overreach, such as abusing criminal prosecution as a political cudgel. Once partisan political calculation drives an indictment, it becomes a reckless wrecking ball that can swing at anyone—not just the powerful, but the powerless, too.”
Contacts
Jonathan Hutson, NACDL Senior Director of Public Affairs and Communications, 202-480-5343 or jhutson@nacdl.org
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.
