Letitia James and Adam Schiff are in deep sh** … trouble

Two prominent Democrat figures—New York Attorney General Letitia James and California Senator Adam Schiff—face federal investigations that could result in criminal indictments. The allegations against them are serious, rooted in mortgage fraud and –in the case of James — potential civil rights violations.

Following up on the Criminal Referrals received from the Federal Housing Finance Authority (FHFA), Attorney General Pam Bondi appointed Ed Martin as Special Attorney to investigate the charges. 

Letitia James

James is accused of falsifying mortgage documents to obtain favorable loan terms on properties in Brooklyn, New York, and Norfolk, Virginia.  According to the Criminal Referral she:

• Misrepresented the number of units in a Brooklyn property to qualify for a lower interest loan.
• Claimed a Virginia property as her primary residence while serving as AG in New York—a legal impossibility.
• Signed documents with her father falsely listed as her spouse in a 1983 mortgage application.

These allegations are backed by documentation—loan applications, property records, and building permits. Mortgage fraud cases are notoriously difficult to defend when the paper trail is clear.

Civil Rights Charge

Letitia James is also under investigation for allegedly violating Donald Trump’s civil rights through her civil fraud case against him. The DOJ is probing whether her office used its authority to deprive Trump of legal rights under the guise of law.

This charge is more nuanced. Prosecutors must prove that James acted with intent to discriminate or retaliate, not merely that she pursued aggressive litigation. Still, the fact that subpoenas have been issued and a grand jury is involved suggests the DOJ sees potential merit.

Adam Schiff

Schiff faces similar allegations. He allegedly:

• Claimed both his Maryland and California homes as primary residences on mortgage documents.
• Received homeowner tax exemptions in California while certifying the Maryland home as his principal residence.
• Engaged in a “sustained pattern of occupancy misrepresentation” across five Fannie Mae loans.

The FHFA referred Schiff to the DOJ in May, and a grand jury in Maryland has been convened. Schiff’s defense—that both homes are occupied year-round and thus qualify as primary residences—is legally tenuous. (That is a euphemism for bs).  Mortgage fraud statutes are clear. Only one primary residence can be claimed as a primary or legal residence for favorable loan terms with significant financial benefits.  This is especially significant in Schiff’s case because, as a member of Congress, he must have his only legal residency in California.

Political Prosecution vs. Legal Accountability

Defenders of James and Schiff argue that people who commit mortgage fraud are rarely prosecuted. That’s irrelevant. The law does not excuse criminal conduct because others get away with it. Selective enforcement may seem unfair politically, but it’s not a legal defense.

Both officials claim they are being politically targeted. Schiff called the investigation “baseless political retribution,”  James’ office said the DOJ’s actions are “weaponization of the justice system,”  Claiming political motivation, however, does not negate evidence of a crime. If the documents suggest fraud – as they do — the cases proceed. 

Political Retribution or Justice?

There’s no denying the political backdrop. Both James and Schiff were aggressive in their pursuit of Trump.  James campaigned on a promise to “get Trump”.  She successfully secured a $354 million civil judgment against Trump for financial fraud – which is currently under appeal.  Schiff led Trump’s first impeachment and was censured by the House for allegedly spreading false accusations about Trump’s conspiring with Russia in the 2016 election – an accusation Special Counsel Robert Mueller debunked. 

The irony is thick.  Those who once declared “no one is above the law” are now seeking to exempt themselves from the scrutiny of the law with defensive arguments that seem less founded in law and more in the spirit of political whining in the court-of-public-opinion.

If indictments are issued, the political fallout for James and Schiff will be immense:

• James could lose her position and face prison time if convicted of wire fraud, bank fraud, or making false statements.
• Schiff’s Senate career could be derailed, and he may face disqualification if residency fraud is proven – and possible prison time.

However, it is very unlikely that either of them would be sentenced to prison even if convicted.  They still enjoy the privilege of power. 

A Reckoning Ahead

Both Letitia James and Adam Schiff are facing serious legal peril. The DOJ grand juries are convened, and subpoenas are flying like confetti in a parade. When the Criminal Referral was sent to the DOJ from the FHFA, I predicted the Justice Department would take up an investigation (strike one).  Since I have gone that far out on a limb, I predict that both James and Schiff will be indicted (strike two).  If that comes to pass, James and Schiff will face federal prosecutors’ 90+ percent conviction record (strike three)

So, there ‘tis.

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