"U.S. District Judge Jamar Walker ordered the government to provide discovery to James's legal team related to their vindictive/selective prosecution argument. But instead of getting their documents in order, the DOJ went all Bartleby, the Scrivener, saying they prefer not to. Yesterday, the government filed "Notice Of Reasons For Not Providing Pre-Vindictive/Selective Prosecution Motion Related Discovery." Which was just a fancy way of saying the DOJ was going to go all Eric Cartman and do what they want and ignore the judge."
""In the October 24, 2025, proceeding, the Court instructed the United States of America (the Government) to provide Defendant with vindictive/selective prosecution-related discovery before she filed any such motion. The Court's instruction is premature as the Government bears no such obligation until a defendant 'overcomes a significant barrier by advancing objective evidence tending to show the existence of prosecutorial misconduct. This standard is a 'rigorous' one.""
The Department of Justice declined to comply with a court order requiring production of vindictive/selective-prosecution discovery in the case against New York Attorney General Letitia James. The government filed a "Notice Of Reasons For Not Providing Pre-Vindictive/Selective Prosecution Motion Related Discovery," arguing that no obligation to produce such discovery arises until a defendant advances objective evidence showing prosecutorial misconduct. The filing characterizes the court's instruction as premature and asserts a rigorous standard that defendants must overcome. The filing was signed by Roger Keller Jr., assisting interim U.S. Attorney Lindsey Halligan, and adopts a confrontational posture toward the court's order.
Read at Above the Law
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