Leading Democracy Scholars and Experts Warn Prosecution of New York Attorney General Letitia James Threatens Rule of Law
Amicus Brief Highlights Political Motivations of Justice Department, Calls for Case to be Dismissed
WASHINGTON & NORFOLK, Va. — More than a dozen democracy scholars and experts, represented by the States United Democracy Center and Trey Kelleter, filed an amicus brief in United States v. James, a case before the U.S. District Court for the Eastern District of Virginia. The brief supports New York Attorney General Letitia James’s call for the case to be dismissed, warning that the political motivation behind the Department of Justice’s prosecution of James is a symptom of a weakening democracy and a threat to the rule of law.
“This administration’s criminal prosecution of a state official who stood up to Trump’s unlawful actions should raise alarm bells for all of us,” said Joanna Lydgate, CEO of the States United Democracy Center. “These experts from across the ideological spectrum make clear history’s stark warning: When people in power turn the justice system into a tool for personal or political revenge, democracy itself is in danger.”
The brief draws on decades of research from an ideologically diverse group of experts who study how democracies weaken over time. It comes on the heels of a similar argument made by many of these experts against the prosecution of former FBI Director James Comey. It explains that, historically, governments trending away from democracy seek to increase their power by undermining the independence of law enforcement and the judiciary, punishing political enemies, and eroding the rule of law. The group of scholars warn that, like the Comey case and other prosecutions, the charges against Attorney General James follow this pattern.
The brief’s signers are: Javier Corrales, Larry Diamond, David M. Driesen, Francis Fukuyama, Gábor Halmai, Aziz Z. Huq, Steven Levitsky, Sonia Mittal, Maria Popova, Stephen Richer, Dalibor Rohac, Susan Stokes, and Lucan Way. Additional information on their backgrounds and expertise is available here.
“This case presents another critical juncture for the courts to remain independent from political influence, defend the rule of law, and reject this administration’s abuse of power,” said Mai Ratakonda, Senior Counsel at the States United Democracy Center. “These experts lay out the case for why our justice system cannot be weaponized for political payback.”
Key excerpts from the brief:
“The role of the independent prosecutor can be key to upholding principles of fairness and impartiality in democratic governments, and when this role is compromised, so too is a country’s system of justice and the rule of law.”
“Indeed, autocratic legalists tend to pursue many such prosecutions close in time because doing so increases their chilling effect, signals the regime’s strength, and exhausts the opposition. This pattern of politicized prosecutions is already becoming visible here: Ms. James was not the first high-profile target of this administration to be indicted, and likely will not be the last.”
“Politicized prosecutions are typical of autocratic countries, not democratic ones. We see a concerning trend of such prosecutions, and the threat of additional ones, in the first nine months of President Trump’s second administration.”
A summary of the amicus brief is available here.
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About the States United Democracy Center
States United is a nonpartisan 501(c)(3) organization dedicated to the rule of law and free, fair, secure elections. We provide direct support to state officials and law enforcement leaders as they uphold the law and our system of checks and balances, protect public safety, defend elections, and preserve our democracy. For more information, visit statesunited.org.