On Tish James: Here's what you need to know. If the facts alleged in the complaint are true (which seems very likely), then Tish James committed garden-variety mortgage fraud, which plenty of normal citizens have been prosecuted for and convicted of.
There's no novel theory, no use of a 200-year-old statute that hasn't been charged in who knows how long, no repurposing of an obstruction statute to cover behavior not contemplated. If the complaint is true, she told the banks that she would use the property as a second home, and promptly rented it out to tenants. By lying about her intended use of the property, she got a lower rate from the banks than she would have otherwise.
Now there can be reasons to decline to prosecute a case like this, especially in the case of public officials. For all the talk of how "no one is above the law," in an ideal world, officials from different parties aren't constantly prosecuting each other, because they respect the honor of the other party. For a multifactional republic to work, there has to be some amount of honor that we accord our opponents.
Notice, for example, that in British Prime Minister's Question Time, members of Parliament are referred to as "the right honorable member" or the "honorable leader" or the "right honorable gentleman" if you are referring to a person on the other side of the aisle. And in the United States, when Representatives and Cabinet members are introduced, the honorific "honorable" is often used. Honor matters, honor is important.
But honor goes both ways. It must be reciprocal. And the fundamental fact is that Letitia James dishonored the Republican Party and Donald Trump as aggressively as any public official has in this century. She ran her entire campaign on using the full powers of her office to go after one man. She *promised* to abuse her office. And then she did, bringing a frivolous case that got overturned on appeal for being a ridiculously novel application of the relevant statute - and this was a case that would have bankrupted the Trump Organization.
So if we were painting on a blank canvas, it might make sense to let Letitia James' brazen mortgage fraud go, the same way there was a logic to letting Hillary Clinton's mishandling of classified information go. It would be a way of maintaining the reciprocal honor necessary to prevent politics from being a zero-sum game.
But we are not painting on a blank canvas. And as a result, we must *deter* future Democrat AGs from engaging in the kind of witch hunt that Letitia James did against Donald Trump. That means those AGs have to know that if Republicans win the White House, if they engaged in law fare against us, then we will go through their personal conduct with a fine-toothed comb and prosecute the prosecutable cases.
So yeah, Tish James is getting prosecuted. The case is legitimate. And nobody on the political right should have any time for the carping of the very same Democrats who cheered on the law fare against President Trump and his associates.