New York Attorney General Letitia James responded to Donald Trump’s 2024 presidential election victory. She vowed to continue her lawfare against Trump and his second administration, stating in a press conference:
We are prepared to fight back once again, because as the Attorney General of this great state it is my job to protect and defend the rights of New Yorkers and the rule of law, and I will not shrink from that responsibility.
Mike Davis, a Republican lawyer and strong supporter of President-elect Donald Trump, spoke about James’ remarks. He warned that her actions could lead to federal “conspiracy against rights” charges, stating in an interview with Benny Johnson:
Let me just say this to big Tish James, the New York Attorney General. I dare you, I dare you to try to continue your lawfare against President Trump in his second term. Because listen here sweetheart — we’re not messing around this time, and we will put your fat ass in prison for conspiracy against rights, and I promise you that. So think long and hard before you want to violate President Trump’s constitutional rights, or any other American’s constitutional rights. It’s not going to happen again.
James centered her 2018 New York attorney-general campaign around Trump, claiming he was an “illegitimate president” and promising she would prosecute him. That led to Trump being indicted on 34 charges of falsifying business records in the state of New York on March 30, 2023.
Davis alleges James committed prosecutorial misconduct, and violated 18 U.S. Code § 241 — Conspiracy Against Rights — through her political prosecution of Trump. The federal statute prohibits two or more persons from willfully conspiring to interfere with a person’s constitutional rights:
18 U.S. Code § 241 – Conspiracy Against Rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured —
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Davis clarified that he will not be part of the second administration, and that he does not speak for Trump. He said his remarks were in response to the public outrage regarding James’ lawfare and weaponization of the U.S. justice system:
I strongly support President Trump and will always continue to do so. Having said that, again, I am not going into his administration and am not under consideration for Attorney General. As I have made crystal clear, I do not speak for President Trump or anyone else. Like tens of millions of other private citizens, I am outraged by the lawfare and weaponization of our system of justice, including the New York Attorney General’s political crusade. All of the witch hunts have to end so our Republic can survive and prosper under the leadership of President Trump.
