By ALANNA DURKIN RICHER and ERIC TUCKER, Associated Press
WASHINGTON (AP) — The U.S. attorney whose office has been investigating mortgage fraud allegations against New York Attorney General Letitia James has been told to resign or be fired, a person familiar with the matter told The Associated Press Friday. This comes amid a push by Trump administration officials to bring criminal charges against the perceived adversary of the president.
The move to replace Erik Siebert, a career prosecutor in the prestigious Eastern District of Virginia, was described by a person who was not authorized to discuss the matter and spoke on the condition of anonymity. It was unclear who told Siebert he was being removed, what reason was given or who might replace him.
Spokespeople for Seibert’s office and the Justice Department declined to comment Friday.
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The development comes as Trump administration officials have been aggressively pursuing allegations against James arising from alleged paperwork discrepancies on her Brooklyn townhouse and a Virginia home. The Justice Department has spent months conducting the investigation but has yet to bring charges, and it’s not clear that prosecutors have managed to uncover any degree of incriminating evidence necessary to secure an indictment.
To the extent the effort to replace Siebert is designed to hasten criminal charges, the move is likely to deepen concerns that the department — already investigating other public figures President Donald Trump regards as foes — is being weaponized by a White House seeking to have its prosecutorial powers used for purposes of retribution.
James’ lawyers have vigorously denied any allegations and characterized the investigation as an act of political revenge.
ABC News was first to report that Trump administration officials were pressuring prosecutors to bring charges and that the Republican administration was preparing to oust Siebert, who was nominated by Trump to the top job in the office after having worked there for more than a decade.
James has long been a particular source of outrage for Trump, in part because of a civil lawsuit she filed against him and his company that resulted in a massive financial penalty. That penalty was thrown out last month by an appeals court that narrowly upheld a judge’s finding that Trump had engaged in fraud by exaggerating his wealth for decades.
The case has taken a series of unorthodox turns. It emerged last month that Ed Martin, who helms the Justice Department’s Weaponization Working Group and is helping coordinate the investigation, had sent a letter urging James to resign from office “as an act of good faith” after starting his mortgage fraud investigation of her. He later turned up outside James’ Brooklyn townhouse in a “Columbo”-esque trench coat. A New York Post writer at the scene observed him tell a neighbor: “I’m just looking at houses, interesting houses. It’s an important house.”
James’ lawyer, Abbe Lowell, told Martin in a letter that the request for James’ resignation defied Justice Department standards and codes of professional responsibility and legal ethics.
The Justice Department “has firm policies against using investigations and against using prosecutorial power for achieving political ends,” Lowell wrote. “This is ever more the case when that demand is made to seek political revenge against a public official in the opposite party.”
A former District of Columbia police officer, Siebert had joined the Eastern District of Virginia — an elite Justice Department prosecution office with a history of sophisticated national security and criminal cases — in 2010. He was nominated to the role of U.S. attorney by Trump this year with the backing of the state’s two Democratic senators, Mark Warner and Tim Kaine.
Although U.S. attorneys are presidential appointees, they are rarely fired. But the Trump administration has repeatedly disregarded norms and traditions meant to insulate Justice Department prosecutors from White House political influence. Prosecutors and other support personnel who worked on the special counsel team of Jack Smith that investigated and prosecuted Trump have been fired, as was Maurene Comey, whose father, former FBI Director James Comey, was terminated by Trump months into his first term amid the Russia election interference investigation.
Martin’s investigation stems from a letter Federal Housing Finance Agency Director William Pulte sent to Attorney General Pam Bondi in April asking her to investigate and consider prosecuting James, alleging she had “falsified bank documents and property records.”
Pulte, whose agency regulates mortgage financiers Fannie Mae and Freddie Mac, cited “media reports” claiming James had falsely listed a Virginia home as her principal residence, and he suggested she may have been trying to avoid higher interest rates that often apply to second homes.
Records show James was listed as a co-borrower on a house her niece was buying in 2023. Lowell said records and correspondence easily disproved Pulte’s allegation. While James signed a power-of-attorney form that, Lowell said, “mistakenly stated the property to be Ms. James’ principal residence,” she sent an email to her mortgage loan broker around the same time that made clear the property “WILL NOT be my primary residence.”
Pulte also accused James of lying in property records about the number of apartments in the Brooklyn townhouse she has owned since 2001.
A certificate of occupancy issued to a previous owner authorized up to five units in the building, where James lives and has rented out apartments. Other city records show the townhouse has four units, a number James has listed in building permit applications and mortgage documents.
Associated Press writer Michael R. Sisak in New York contributed to this report.