Hochul’s office silent when pressed if she sticks by ‘no one is above the law’ belief amid AG’s indictment

New York Democrat Gov. Kathy Hochul offered her support of Empire State Attorney General Letitia James when she was first indicted on charges of bank fraud and making false statements to a financial institution, following years of the New York governor celebrating legal challenges originating in her home state and elsewhere against President Donald Trump. 

"New Yorkers know @NewYorkStateAGJames for her integrity, her independence, and her relentless fight for justice," Hochul posted to X following James' indictment. "What we're seeing today is nothing less than the weaponization of the Justice Department to punish those who hold the powerful accountable." 

A grand jury in Virginia indicted James Thursday, months after Federal Housing Finance Director Bill Pulte said in a criminal referral to the Department of Justice in April that James allegedly falsified mortgage records to obtain more favorable loans. She faces charges of bank fraud and making false statements to a financial institution.

Pulte alleged in his criminal referral that James purchased a home in Norfolk, Virginia, in 2023, but identified it as her primary residence on mortgage documents and a Fannie Mae, Freddie Mac form. James is legally required to live in New York as a statewide elected official in that state. 

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"No one is above the law. The charges as alleged in this case represent intentional, criminal acts and tremendous breaches of the public’s trust," U.S. Attorney for the Eastern District of Virginia Lindsey Halligan said when James was indicted. "The facts and the law in this case are clear, and we will continue following them to ensure that justice is served."

Hochul, as well as other prominent Democrats, have pointed to the indictment as alleged "political weaponization" and political persecution of a Trump foe at the hands of the administration. 

James and Trump have long traded barbs, with James campaigning for the attorney general job in 2018 by vowing to pursue legal charges against Trump if elected. Her office ultimately filed nearly 100 legal challenges against the first Trump administration and vowed to continue the legal battles upon his re-election in November 2024. 

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Trump accused Democrats of waging lawfare — which is understood as leveraging the courts to gain political advantage — as a last-ditch attempt to prevent him from running for the Oval Office again in the 2024 cycle and securing another federal election win. Trump, for example, was indicted and found guilty in a New York case that accused him of falsifying business records, he was indicted on racketeering charges in Georgia, faced federal criminal cases claiming he mishandled sensitive government documents after his first presidency, and another claiming he attempted to overturn the 2020 election results. 

Trump also faced civil cases, including James accusing Trump and the Trump Organization of inflating asset values in a lawsuit that found Trump and his companies liable. 

Fox News Digital took a look back at Hochul's previous comments on Trump and the legal cases that plagued the president during his first administration through his interim as the 45th and 47th president, and found the governor frequently celebrated cases that conservatives identified as "lawfare." 

Fox News Digital reached out to Hochul's office for comment on her past remarks on legal cases against Trump as she promotes the narrative that the administration is weaponizng the justice system against political foes, but did not immediately receive a reply. Fox Digital specifically asked if Hochul stands by her previous comments that "no one is above the law," considering James' indictment, but did not receive replies. 

Trump is the first and only president to be impeached twice by the House, with Hochul remaking during his first impeachment in 2019 — which accused him of abuse of power and obstruction of Congress related to allegedly seeking foreign interference from Ukraine to boost his re-election efforts in 2020 — that no one is above the law.

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"It’s really quite simple — NO ONE is above the law. Not now, not ever," she posted to Facebook. "Speaker Pelosi & Democrats in Congress are holding the president accountable because they have a patriotic duty to uphold our Constitution, not play partisan politics."

As Trump stood trial for the civil fraud case launched by James that accused Trump and Trump Organization of financial fraud, Hochul commented that she had "full confidence" that he would be held accountable, while also remarking that he had "temper tantrums" in court. 

"Former President Donald Trump is testifying in an unprecedented civil trial brought by our own Attorney General, Tish James. So far from telling the truth as he's required to do, he's throwing temper tantrums from the witness stand and verbally attacking judges and courtroom staff,"  she said in November 2023. "His conduct has been a disgrace and I have full confidence that Donald Trump will be held accountable for his actions." 

A month later, the Democratic governor appeared to throw her support behind a lawsuit that aimed to prevent Trump's name from appearing on voting ballots for the 2024 election. 

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A group of Colorado voters brought forth a lawsuit in 2022 arguing Trump should be deemed ineligible from holding political office under a Civil War-era insurrection clause. The lawsuit argued Trump's action on Jan. 6, 2021 — when supporters breached the U.S. Capitol — violated a clause in the 14th Amendment that prevents officers of the United States, members of Congress or state legislatures who "engaged in insurrection or rebellion" against the Constitution from holding political office.

"Jan. 6 will live in infamy. Shame on us if we forget that," Hochul said in December 2023, when the Colorado Supreme Court declared him ineligible to run for president. "Shame on us what happened to this country when a Capitol that I used to proudly walk in as a member of Congress was literally under siege, people died, people were injured, and if he doesn’t take responsibility for that, then the American people ought to hold him accountable. So that’s what’s starting in Colorado."

The U.S. Supreme Court unanimously ruled in March 2024 to keep Trump on the ballot.

After Trump was found liable in James' civil fraud case in 2023 and ordered to pay $355 million fine, Hochul worked to calm other business leaders' concerns that they could face similar trials, citing that Trump and "his behavior" set him apart. 

"I think that this is really an extraordinary, unusual circumstance that the law-abiding and rule-following New Yorkers who are business people have nothing to worry about, because they’re very different than Donald Trump and his behavior," Hochul said on the radio show "The Cats Roundtable" in February 2024. 

An appeals court threw out the monetary penalty in the case earlier in 2025. 

Later that same year, Hochul celebrated that "no one is above the law" when Trump was found guilty in NY v. Trump on 34 counts of falsifying business records. 

"Today's verdict reaffirms that no one is above the law," Hochul said in a statement in May 2024. "In preparation for a verdict in this trial, I directed my Administration to closely coordinate with local and federal law enforcement and we continue to monitor the situation. We are committed to protecting the safety of all New Yorkers and the integrity of our judicial system."

As the election came down to the wire in 2024, Hochul slammed Trump as a "fraud" and "philanderer" who lacked New York values, while pointing to the New York v. Trump case. 

"Donald Trump was born a New Yorker but ended up a fraud, a philanderer, and a felon. He wasn’t raised with the New York values that I know," Hochul declared during her Democratic National Convention speech in Chicago in 2024. "Trust me, America, if you think you’re tired of Donald Trump, talk to a New Yorker. We’ve had to deal with them for 78 long years, the fraud, the tax dodging, the sham university, the shady charities."

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Trump won the Republican primary in the 2024 election cycle, and swept the seven battleground states on Election Day, defeating then-Vice President Kamala Harris to succeed then-President Joe Biden in the Oval Office. 

Hochul and James held a press conference the day after the election, and vowed to battle the Trump agenda while honoring the results of the election. 

"I want to be very clear that while we honor the results of this election and will work with anyone who wants to be a partner in achieving the goals of our administration in our state, that does not mean we'll accept an agenda from Washington that strips away the rights that New Yorkers have long enjoyed," Hochul said on Nov. 6, 2024. 

"We did not expect this result, but we are prepared to respond to this result," James said during the same press conference. "And my office has been preparing for several months because we've been here before," James said. "We faced this challenge before, and we used the rule of law to fight back. And 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."

Trump slammed the onslaught of court cases against him in recent years, denying wrongdoing and identifying them as attempts from his political foes as tools to prevent him from seeking and winning re-election. 

"They're playing with the courts, as you know, they've been playing with the courts for four years," Trump said in January, just days before he was sworn back into office. "Probably got me more votes because I got the highest number of votes ever gotten by a Republican by far, actually, by a lot. And, you know, we had a great election, so I guess it didn't work. But even to this day, they're playing with the courts and they're friendly judges that like to try and make everybody happy. … It's called lawfare, it's called weaponization of justice." 

WATCH: Texas Dem censured for heckling Trump renews push to impeach presidential ‘Goliath’

Progressive Rep. Al Green, D-Texas, is once again renewing his call to impeach President Donald Trump, vowing to drop new articles of impeachment soon. He likened his crusade against Trump to the biblical David versus Goliath and anti-Trump activists as "one million Davids." 

"This is what's important, President Trump is a Goliath. He has military might. He has persons who are loyal to him in the military and the judiciary and in the Congress. But for every Goliath, there is a David," said Green, adding, "But in this case, we have nearly one million Davids, one million Davids willing to take on and challenge the president for his unconstitutional behavior. And I say to you that this number is growing."

In June, the House of Representatives voted along bipartisan lines to quash Green’s bid to impeach Trump. Lawmakers agreed to table the measure in a 344–79 vote. A vote to table is a procedural mechanism allowing House members to vote against consideration of a bill without having to vote on the bill itself.

A majority of House Democrats joined Republican lawmakers to kill Green's resolution, a sign of how politically caustic the effort appears to be. Just 79 Democrats voted to proceed with the impeachment vote, while 128 voted to halt it in its tracks.

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Despite this, Green said he was undeterred, telling reporters on Wednesday "we’re not going to make this a one-off" and "there's also a set of articles that I have not presented that I will be presenting. This is not the last time." 

Asked whether he believes pursuing impeachment is productive given the Republican House majority, Green answered, "it is always a good time to impeach." 

"I think focusing on impeachment is productive whenever there's a breach of the Constitution," he said. "The timing is not associated with when you have a majority in the House, it's not associated with when it feels good, it is always good to impeach when a president violates the Constitution. It really is that simple."

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Besides being known for repeatedly attempting to impeach Trump, the Texas Democrat is also known for infamously disrupting the president’s joint address to Congress in March by shouting and waving his cane at him. 

Green was removed from the House floor after repeatedly disrupting the beginning of the president's speech, a move that the Democrat called "invidious discrimination." 

House lawmakers voted to censure Green over the disruption. Ten Democrats joined Republicans in voting for the measure. Green himself voted "present," along with first-term Rep. Shomari Figures, D-Ala. 

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When reached for comment by Fox News Digital, the office of Speaker Mike Johnson, R-La., referred to his comments on the censure on X, formerly Twitter, this week.

Johnson posted, "Rep. Al Green’s shameful and egregious behavior during President Trump’s Joint Address disgraced the institution of Congress and the constituents he serves. Despite my repeated warnings, he refused to cease his antics and I was forced to remove him from the chamber. He deliberately violated House rules, and an expeditious vote of censure is an appropriate remedy. Any Democrat who is concerned about regaining the trust and respect of the American people should join House Republicans in this effort."

Trump not immune from prosecution in 2020 election case, federal appeals court rules

Former U.S. President Trump is not immune from prosecution in the 2020 federal election case, a federal appeals court ruled Tuesday.

The U.S. Court of Appeals - D.C. Circuit considered Trump’s claim of presidential immunity from prosecution for his actions in office, including his alleged role in overturning his 2020 election loss, ultimately saying it was "unpersuaded by his argument" and ruled a case against him can proceed. 

"We have balanced former President Trump’s asserted interests in executive immunity against the vital public interests that favor allowing this prosecution to proceed," the court wrote in its ruling Tuesday. 

It determined: "We conclude that the interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation."

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The legally untested question before the court is whether former presidents can be prosecuted after they leave office for actions taken in the White House related to their official duties.

Steven Cheung, Trump campaign spokesperson, said in a statement that the case will have far-reaching consequences, both for Trump and all future presidents.

"If immunity is not granted to a President, every future President who leaves office will be immediately indicted by the opposing party," he said. "Without complete immunity, a President of the United States would not be able to properly function!"

The Trump campaign spokesperson added: "Deranged Jack Smith’s prosecution of President Trump for his Presidential, official acts is unconstitutional under the doctrine of Presidential Immunity and the Separation of Powers. Prosecuting a President for official acts violates the Constitution and threatens the bedrock of our Republic. President Trump respectfully disagrees with the DC Circuit’s decision and will appeal it in order to safeguard the Presidency and the Constitution."

Special counsel Jack Smith initially indicted Trump on Aug. 1, 2023.

In the case, Trump claimed both that he had presidential immunity and that the case violated a double jeopardy clause, as he was impeached by the U.S. House of Representatives over his alleged involvement. He was later acquitted after the U.S. Senate did not vote to convict him of the charge.

The two defenses were among four arguments Trump's legal team pursued in arguing the court should reject the case.

In Dec. 2023, U.S. District Judge Tanya Chutkan, who is presiding over the case, rejected Trump’s arguments, saying the office of the president "does not confer a lifelong ‘get-out-of-jail-free’ pass."

In the federal appeals court's Tuesday ruling, it mentioned Trump's impeachment case but similarly rejected these claims of immunity and double jeopardy.

It concluded that "concerns of public policy, especially as illuminated by our history and the structure of our government," as argued by the prosecution, compel "the rejection of his claim of immunity in this case."

And, it wrote: "We also have considered his contention that he is entitled to categorical immunity from criminal liability for any assertedly ‘official’ action that he took as President — a contention that is unsupported by precedent, history or the text and structure of the Constitution. Finally, we are unpersuaded by his argument that this prosecution is barred by ‘double jeopardy principles.’ Accordingly, the order of the district court is AFFIRMED," it wrote.

Fox News contributor Jonathan Turley said the outcome is not particularly surprising to legal experts but that it could impact or expedite the legal schedule for Trump, who continues to seek re-election. 

The former president is expected to appeal the decision, putting his case — the first of its kind — before the country's highest court.

Trump has up to 90 days to appeal the decision to the U.S. Supreme Court.

The trial date carries enormous political ramifications and Trump hopes an eventual decision will be delayed until after the November election. 

Should that happen and if Trump defeats President Biden, he could presumably try to use his position as head of the executive branch to dismiss the case. He could also potentially seek a pardon for himself, although such a situation has no precedent.

After Chutkan's decision in Dec., Trump’s lawyers appealed to the D.C. appeals court.

At the same time, Smith asked the Supreme Court last month to weigh in first, hoping it would take up the matter quickly and issue a speedy ruling.

The Supreme Court appeared to signal that it preferred to stay out of the process when it rejected the request.

Fox News' Paul Steinhauser, Jake Gibson, and The Associated Press contributed to this report.

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