James called the charges in the indictment “baseless.” News reports say the house was purchased for her great-niece who lived in the home rent-free, though James has listed a few thousand dollars in income from the property.
Legal experts have questioned the merits of the indictment. “In my experience, federal prosecutors would not have seriously pursued something this minor,” James Kainen, a professor with expertise in real estate and white collar crime at Fordham University School of Law, told us in an email. “The indictment is disproportionate and inconsistent with established prosecutorial norms.”
The case was brought by the U.S. attorney for the Eastern District of Virginia amid pressure from Trump to pursue his longtime political adversaries. In a Sept. 20 post on Truth Social, apparently addressed to Attorney General Pam Bondi, Trump cited social media posts calling for the prosecution of former FBI Director James Comey, Sen. Adam Schiff and James. “They’re all guilty as hell,” Trump’s post said, adding, “JUSTICE MUST BE SERVED, NOW!!!” (Comey was indicted Sept. 25 on charges of lying to Congress.)
James is scheduled for an initial court appearance on Oct. 24 on charges of bank fraud and making false statements to a financial institution. A press release from the U.S. Attorney’s Office for the Eastern District of Virginia said James “faces penalties including up to 30 years in prison per count, up to a $1 million fine on each count, and forfeiture.” The release also noted, “Actual sentences for federal crimes are typically less than the maximum penalties.”
