'Do you need a moment?' Judge catches DOJ unprepared during Letitia James hearing
New York Attorney General Letitia James is accompanied by lawyer Abbe Lowell, as she departs U.S. District Court for the Eastern District of Virginia after she pleaded not guilty to charges that she defrauded her mortgage lender, in Norfolk, Virginia, U.S., October 24, 2025. REUTERS/Jonathan Ernst
Assistant U.S. Attorney Roger Keller Jr. openly admitted at the arraignment of New York Attorney General Letitia James (D) Friday that the prosecution in her federal case is still sorting through what evidence it has.
“I am going through the discovery right now,” he told U.S. District Judge Jamar Walker (an appointee of former President Joe Biden), per a report published in NOTUS.
The admission came as James – who pleaded not guilty in Norfolk, Virginia on Friday – faced a courtroom that pressed the government for clarity and timeliness on its preparations.
"Normally, prosecutors fully investigate a case before pursuing an indictment and know well exactly what evidence exists to support criminal charges. However, this case is anything but normal," the report read.
When Keller sought until mid-November to complete evidentiary disclosures, the judge rejected the request.
“Waiting nearly a month after an indictment is not consistent with how we operate here,” Walker said.
Further remarks exposed the government’s lack of readiness, according to the report.
Keller proposed a two-week trial and estimated eight to ten witnesses. James’ defense lawyer, Abbe Lowell, countered he’d “be shocked” if there were that many.
When asked whether the pretrial services report had been received, Keller stuttered and turned to a colleague: “We have not, your honor… Oh, we have?”
"Do you need a moment?" the judge asked, referring to the lawyer's lack of preparation.
The hearing lasted under an hour and underscored that the team prosecuting James appears to be assembling its case as it moves forward.
The report noted that observers believe this mirrors another recent prosecution in Virginia – that of former FBI Director James Comey – in which the government admitted it was “just getting our hands around discovery.”
Meanwhile, James appeared before a supportive crowd after her arraignment, and accused the justice system of being used as “a tool of revenge.”
