AG's anti-Trump attacks draw scrutiny

Letitia James, the incoming New York attorney general, has made no secret of how she feels about President Donald Trump.

She calls him an "illegitimate president." She says her decision to run for attorney general was largely "about that man in the White House who can't go a day without threatening our fundamental rights."

She has suggested that Trump could be charged with obstruction of justice, and implied that foreign governments channeled money to Trump's family's real estate holdings, which she characterized as a "pattern and practice of money laundering."

Democratic attorneys general across the country, including James' predecessors in New York, have repeatedly used their offices to confront Trump. But since her election, James has opened herself up to criticism that she has gone too far in allowing politics to shape her agenda.

Her strident attacks on the president could potentially threaten the legal standing of cases that her office brings against Trump, his family members or their business interests, legal experts said.

Trump recently accused James of winning her election on a "GET TRUMP agenda," and of doing "little else but rant, rave & politic against me."

James has signaled that she will be as aggressive as New York's current attorney general, Barbara Underwood, and her predecessor, Eric Schneiderman, both Democrats, in pursuing Trump in his home state.

She will continue a lawsuit against the Trump Foundation that was filed by Underwood and may also examine whether Trump is in violation of the Constitution's emoluments clause, which bars federal officials from accepting gifts, or emoluments, from foreign powers without congressional approval.

After an investigation by The New York Times showed that Trump received hundreds of millions of dollars from his parents, most of it by helping them dodge taxes, James issued a statement calling for "a full examination of these claims" by the state, including the attorney general's office.

"Donald Trump's days of defrauding Americans are coming to an end," James said.

Daniel Goldman, a fellow at the Brennan Center for Justice and a former assistant U.S. attorney in Manhattan, said that it was unlikely that James' remarks could directly lead to a dismissal of charges against Trump, but that they could put cases in jeopardy because of an appearance of "an individualized political vendetta."

Goldman characterized Trump's criticism of James as the right message from the wrong messenger, given how Trump has used public remarks on Twitter to discredit criminal and civil investigations involving himself, his family and associates.

"Donald Trump is desperately trying to turn everything into a hyperpartisan issue, including criminal justice," Goldman said. "It's essential that prosecutors maintain their neutrality and an objective view of the facts and the evidence, no matter the politics involved."

James defended her remarks about the president, adding that she believed that her race and gender were shaping what she characterized as assumptions and misconceptions about how she would perform as attorney general.

James is the first woman in New York to be elected as attorney general, the first black woman to be elected to statewide office, and the first black to serve as attorney general. Before winning election, she was the New York City public advocate.

"This is similar to when I was about to take office as public advocate, and individuals expressed concerns," James said. "What I have done repeatedly throughout my life is I have been underestimated and have continued to perform."

James' role could take on heightened significance should Trump decide to issue pardons for anyone implicated in the investigation by the special counsel, Robert Mueller, into Russian meddling in the 2016 presidential election.

Convictions under state law, however, are not covered by federal pardons. James has championed a change in state law that would allow the prosecution of those who have been pardoned by the president.

Even inside the attorney general's office, some shared concerns that James' outspoken approach toward Trump may undermine her efforts.

James acknowledged that her words and promises would carry more weight as attorney general.

"I recognize that this is the premier law office in this nation," James said in the interview. "I recognize that as the face of this office, one must be circumspect."

Days later, James was back in attack mode, telling NBC News that she would use "every area of the law to investigate President Trump and his business transactions and that of his family."

A Section on 01/01/2019

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