Mark Kelly, U.S. Senator from Arizona, has expressed concerns regarding the Department of Justice’s indictment of New York Attorney General Letitia James. He described the action as appearing retaliatory following a presidential demand for prosecution and said it undermines judicial independence. Kelly made these remarks on the social media platform X.
“Letitia James did her job, and in return the President demanded his Attorney General prosecute her,” said Kelly, U.S. Senator (D-AZ). “Weeks later, Letitia is indicted by the DOJ. This is not how our justice system is supposed to work. This is vengeance, not justice.”
President Donald Trump had previously advocated for criminal charges against James before her indictment. On September 19, 2025, Trump publicly called for the dismissal of U.S. Attorney Erik Siebert for not prosecuting James. The following day, he urged Attorney General Pam Bondi on Truth Social to pursue prosecutions against political rivals, including James. Subsequently, on October 9, 2025, a federal grand jury in Virginia indicted James on charges of bank fraud and false statements. This case was presented by Lindsey Halligan after Siebert’s removal.
Federal indictments of sitting state attorneys general are rare in DOJ historical data over the past 25 years. The DOJ’s annual U.S. Attorneys statistical reports indicate no comparable prosecutions of current state attorneys general in recent decades. Media coverage has described the James case as “strikingly unconventional,” highlighting its unprecedented nature within federal enforcement.
DOJ norms designed to protect prosecutorial independence are well-established. For instance, Attorney General Merrick Garland’s 2021 memo limits White House contacts and emphasizes that the DOJ “must be free from improper influence.” Historical precedents such as the 2006 dismissal of U.S. attorneys under political pressure have led to reviews and reforms aimed at safeguarding independence.
Senator Kelly serves on several committees including Armed Services and Select Committee on Intelligence and holds a leadership role on the Armed Services Air-Land subcommittee. His public statements focus on upholding the rule of law and resisting politicization within the DOJ. In response to James’ indictment, Kelly criticized what he perceives as weaponizing the DOJ against political opponents.
