The James scandal just keeps on giving

T. A. Gardner said:
She was arraigned today. That means she was formally charged. We'll know what the evidence is within days. If she and her liars... err, lawyers I always seem to get those two confused, think it's weak or invalid we'll hear all about it. If the government has the goods on her, they'll keep screaming how unfair, improper, and even illegal the whole proceeding is.
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It's actually quite funny when you read the report of what happened in court. The "prosecutor" is a civil attorney they brought in from Missouri that has never prosecuted a single case. The new "prosecutor", Roger Kelly, seems unfamiliar with how the DOJ is supposed to act.

Trial Dispatch: The Arraignment of Letitia James

A view from inside the Eastern District of Virginia courtroom where New York Attorney General Letitia James pleaded not guilty to mortgage fraud.
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When Lowell requests that the DoJ follow DoJ guidelines, but also in light of Lindsey Halligan's Signal contact with a reporter where she claimed the texts would self delete in 8 hours that the DoJ be required to keep a log of all those contacts and NOT delete them, Kelly says that James should be required to do the same thing.

Lowell, for his part, declares that the rules to which government lawyers are held aren’t the same ones that apply to a defendant.

“The court certainly understands the requirements,” responds the judge. It is a little less certain that the prosecutor does.
Then we get to discovery and it appears the government isn't prepared for the indictment like they normally are.

And here, again, Judge Walker is puzzled. Customarily, the government would be ready to provide at minimum its first production of evidence at or around the time of the arraignment, so that initial motions may be filed within two weeks.
 
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Diogenes said:
Under U.S. federal criminal procedure (Federal Rules of Criminal Procedure, Rule 5), the arraignment focuses on entering a plea (which she did: not guilty), advising the defendant of rights, and setting basic case management parameters, such as a trial date of January 26, 2026.

Discovery (the formal exchange of evidence between prosecution and defense) has not yet begun.

Under Federal Rules (Rule 16) and the district's local rules, the prosecution must turn over exculpatory evidence (Brady material) promptly and other discoverable items (e.g., documents, recordings, witness lists) within 21 days of arraignment unless extended.
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Congratulations on not understanding the process. Discovery is not something that happens after arraignment. The government is supposed to have done their work before they indict. The standard in the Eastern Virginia is that everything is turned over in the first two weeks after the arraignment when a speedy trial is requested. The DoJ asked to extend that in this case because they are not ready to turn over their evidence.

Judge Walker says he would usually issue a discovery order at arraignment, but because the parties haven’t reached agreement, he will let them confer and submit briefs if they desire, after which he will issue an order: “As I’m sure you will learn, this district has a standard discovery order.”

Trial Dispatch: The Arraignment of Letitia James

A view from inside the Eastern District of Virginia courtroom where New York Attorney General Letitia James pleaded not guilty to mortgage fraud.
www.lawfaremedia.org www.lawfaremedia.org
 
T. A. Gardner said:
Depends on the evidence. If the feds have her cold, expect her lawyers will argue not to dismiss the charges but reduce them to a minimum. Then they'll try and get a plea deal on the least of them. Unlike Hunter, she's got no one in her corner to take the heat off from the feds.
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That's funny because the defense has already hinted that they will file a motion to dismiss because the evidence doesn't match the indictment.
 
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Poor Richard Saunders said:
Congratulations on not understanding the process. Discovery is not something that happens after arraignment. The government is supposed to have done their work before they indict. The standard in the Eastern Virginia is that everything is turned over in the first two weeks after the arraignment when a speedy trial is requested. The DoJ asked to extend that in this case because they are not ready to turn over their evidence.

Judge Walker says he would usually issue a discovery order at arraignment, but because the parties haven’t reached agreement, he will let them confer and submit briefs if they desire, after which he will issue an order: “As I’m sure you will learn, this district has a standard discovery order.”

Trial Dispatch: The Arraignment of Letitia James

A view from inside the Eastern District of Virginia courtroom where New York Attorney General Letitia James pleaded not guilty to mortgage fraud.
www.lawfaremedia.org www.lawfaremedia.org
Click to expand...


The statement "Discovery is not something that happens after arraignment" is not true in the context of the Letitia James case in the U.S. District Court for the Eastern District of Virginia (EDVA). In federal criminal procedure, including this case, discovery—the formal exchange and disclosure of evidence between the prosecution and defense—begins and continues after the arraignment.

The arraignment itself (which occurred on October 24, 2025, where James pleaded not guilty to charges of bank fraud and false statements to a financial institution) is the point where the defendant enters a plea, but it does not conclude or preclude the discovery process.

Instead, it marks the start of pretrial proceedings, during which discovery is actively managed and ordered.This misstatement may stem from a misunderstanding of procedural timelines or a rhetorical flourish in legal commentary, but it does not align with standard federal rules or the specifics of this case.

In the James arraignment, U.S. District Judge Jamar Walker explicitly addressed discovery, noting that the EDVA has a "standard discovery order" typically issued at arraignment but deferred it slightly here due to lack of agreement between parties, allowing them to confer and submit briefs for an order to follow. This confirms discovery is a post-arraignment phase.

Federal criminal discovery is governed primarily by Rule 16 of the Federal Rules of Criminal Procedure, supplemented by constitutional requirements (e.g., Brady v. Maryland for exculpatory evidence) and statutes like the Jencks Act (18 U.S.C. § 3500) for witness statements. It is reciprocal (both sides must disclose) and ongoing, with no strict "end" until trial, though timelines are set to ensure fairness and efficiency.



 
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When the law is on your side, you should argue the law; when the facts are on your side, you argue the facts; when neither is on your side, you try to get the case dismissed or "pound the table" with rhetoric.
 
FastLane said:
When the law is on your side, you should argue the law; when the facts are on your side, you argue the facts; when neither is on your side, you try to get the case dismissed or "pound the table" with rhetoric.
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The only way to get the case dismissed is if the law or the facts are actually on your side. Or the prosecution violates the law in some way.
 
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