Standing in front of gilded doors of the Southern District of New York courthouse on Valentine’s Day, New York Attorney General Letitia James made clear that she is not afraid to once again take up the mantle of resistance warrior against the Trump administration.
This time James has taken a leading role in a movement of state attorneys general to counter President Trump’s attempts to seize the levers of power in Washington. James filed a case with 11 other attorneys general to block staff members of Elon Musk’s Department of Government Efficiency from accessing sensitive Treasury Department records and payment systems — a move James argues could give Musk the control to illegally stop government payments while also risking the cybersecurity of the U.S. Treasury Department.
“States have a unique role in preserving the Constitutional order,” James said at the press conference.
James’s suit so far has resulted in a temporary restraining order and a hearing on a preliminary injunction that a federal judge is considering. It’s one of a number of lawsuits and memos that her office has filed in rapid succession in the weeks since Trump was inaugurated. She’s joined a lawsuit blocking Trump’s birthright citizenship ban, is challenging his federal funding freeze and has sent out warnings about immigration enforcement and the delivery of gender-affirming care in New York hospitals.
Prior to Trump’s second term, James had positioned herself as a leader of the legal effort to reign in the sitting president — and had success. She won her 2022 civil case charging President Trump lied about his wealth on financial statements in order to secure loans. James was able to win a judgment against Trump for $355 million, pending his appeal.
But with a staff of 2,000, including more than 800 attorneys, the recent flurry of legal activity against the Trump administration is just part of the work that her office has ongoing.
During her six-year tenure her focus has stuck to bread-and-butter housing, labor and consumer issues, while racking up a series of more symbolic, high-profile cases. In the past two years, James has won settlements against opioid manufacturers and distributors for their role in creating the devastating opioid crisis, Uber and Lyft on behalf of drivers and the National Rifle Association for violating nonprofit regulations.
James talked about the mechanics and mission of her office over an email interview that has been lightly edited for clarity.
Q: What are the greatest challenges facing the New York AG’s office?
A: Right now, we see concerns on the federal level coming from the Trump administration in terms of Executive Orders that challenge our Constitution and constitutional rights. My office as well as other attorneys general are working together to uphold the integrity of our Constitution.
Q: How is the change of administration in Washington affecting your approach to cases?
A: My office works every day to protect New Yorkers’ rights and defend the law, just as we always have. The work of our bureaus and regional offices will not stop.
Unfortunately, this administration has already violated the law and caused a lot of fear, chaos, and confusion since day one.
So far, I led a multi-state lawsuit to stop a reckless federal funding freeze that would have cut off critical aid to millions of Americans from going into effect. We won a preliminary injunction to stop an illegal executive order banning birthright citizenship, which is enshrined in our Constitution.
We also have taken action against the so-called “Department of Government Efficiency” for illegally accessing millions of Americans’ sensitive information and trying to block families and individuals from getting critical government payments. We won a temporary restraining order and recently had a hearing on a preliminary injunction. And we’ve worked to protect the National Institutes of Health and ensure vital medical and scientific research funding remains available.
My office, together with my colleagues, will keep fighting to protect New Yorkers’ rights and uphold the rule of law.
Q: What are the challenges and benefits of working in tandem with other Attorneys General?
A: Working with other attorneys general allows us to pool our resources together and be more effective. When we work together and present a united front, we know we increase our chances of success on behalf of all of our states.
Q: How much of the AG caseload is handled in your regional offices?
A: We have 13 regional offices across the state that handle both an affirmative and defensive caseload. They work on everything from housing and health care to workers’ rights and consumer protection.
Our regional office staff are on the ground, engaged with local communities, and they have a pulse on the issues affecting New Yorkers in different parts of the state.
Q: What is your role in deciding which cases to bring?
A: We listen to New Yorkers’ concerns, look at the facts, and bring cases that will make our communities safer, keep New Yorkers in their homes, and hold businesses accountable when they try to cheat consumers. Many of the cases my office takes on, whether they are related to housing, labor, or consumer issues, come from complaints that New Yorkers file with our office.
We review each and every complaint we receive and determine the best course of action. Whether it’s a business that did not refund someone for a service they paid for and didn’t get, or a landlord who’s holding onto security deposits and mistreating tenants, or an employer who’s withholding pay from their workers, we take these complaints and do something about it.
We always want to hear from New Yorkers, and I encourage anyone who feels like they have been deceived or harmed to contact my office or file a complaint online.
Q: Past AGs have made a particular area of law their focus, such as Medicaid or charities fraud? What has been your major focus and why?
A: My focus has always been on holding individuals and businesses accountable when they harm New Yorkers.
We’ve gone after opioid manufacturers and distributors for their role in creating the devastating opioid crisis. My office led many multistate settlements with these pharmaceutical companies and secured more than $3 billion to support opioid abatement and treatment programs.
We have also been active in rooting out Medicaid fraud from companies that use fake billing schemes to steal from Medicaid and exploit vulnerable patients. We’ve held the NRA accountable for violating our state not-for-profit laws and engaging in decades of fraud and corruption. We’ve taken on predatory lenders that cheated small businesses, gun manufacturers, neglectful nursing homes, companies that price gouge during emergencies, employers who take advantage of workers, drug traffickers, bad landlords, and cryptocurrency companies that defraud investors. To put it simply, my office has never shied away from going after individuals or businesses that harm New Yorkers, no matter how powerful they are.
Q: What factors need to be present for the office to pursue a case? Does it need to have implications for one individual or a larger portion of New York’s population?
A: We go after businesses and individuals who violate our laws and harm New Yorkers. The Office of the Attorney General enforces a range of laws that protect consumers, civil rights, workers’ rights, investors, and the environment.
Q: You have been involved in several high profile cases. How does the media affect your approach to litigation?
A: From my days in the City Council to the Public Advocate’s office and now as Attorney General, I have always been more focused on the issues New Yorkers are worried about and how my office can help.
Q: You recently joined 10 other attorneys general who spoke out against a DOJ memorandum saying state and local officials who do not cooperate with stepped-up immigration enforcement could face federal prosecution. What is the AG’s strategy for how to handle pressure from federal officials on immigration?
A: My office issued guidance to local law enforcement agencies on how and when local authorities can cooperate with federal immigration officials. I know that a lot of innocent, hardworking New Yorkers are feeling scared right now. Too many have told me they are afraid to go to work or send their children to school because they are worried about their families being torn apart.
The way this administration is preying on vulnerable communities is cruel. These are people who have fled fear and violence, who have worked hard here, and who contribute to their communities. My office is monitoring how these immigration raids are being conducted to ensure that our laws are enforced and upheld. We will not bow to pressure and I will continue to defend the laws of our state.
Q: You led the coalition that secured a $7.4 billion settlement from the Sackler family over its role in promoting opioids. How much of that settlement will New Yorker’s see and where will the money go? Who has oversight of those funds and responsibility for how the funds are spent?
A: The Sackler family played a heavy hand in manufacturing and multiplying opioid addiction across the country. As a result of a settlement that my office negotiated, the Sacklers now have to pay $6.5 billion for the harm and devastation they caused, and Purdue Pharma will pay another $900 million. New York will receive $250 million from that settlement, bringing the total amount that my office secured from opioid manufacturers and distributors to more than $3 billion.
This money will go towards opioid abatement and treatment programs across the state. An opioid advisory board was formed to provide recommendations for how this settlement money should be used to support communities across the state. The Board holds public meetings, and provides recommendations to the Governor, Legislative leadership, and relevant Legislative committees on how best to ensure the settlement funds secured by my office can be utilized to advance opioid abatement, recovery, and mitigation efforts throughout the state. Already, we are seeing opioid overdose deaths trending downwards in New York and across the country. It is my hope that this money from the settlements my office secured will help bring those numbers down even more and help people who are struggling with addiction.
Q: Tech companies are gaining influence under this new administration in Washington. How will that influence affect New Yorkers and what protections against abuse are in place?
A: The Trump administration has made it clear that it is more interested in embracing billionaires than it is in protecting working people. My office is going to continue to do the work that we do each and every day to protect New Yorkers’ rights and their privacy.
Last year, I coauthored two new laws, together with the my partners in the legislature to protect children online from the harms of social media. The SAFE for Kids Act, the first of its kind in the nation, is intended to address social media addiction among children and put guardrails on dangerous algorithmic feeds. The Child Data Protection Act will prohibit online sites from collecting, using, sharing or selling personal data of anyone under the age of 18, unless they receive informed consent or unless doing so is strictly necessary for the purpose of the website. My office is in the process of rulemaking for both laws.
Q: What prompted the AG’s office to take on Uber and Lyft?
A: We held Uber and Lyft accountable because they cheated workers out of millions of dollars. These rideshare drivers work long hours, on holidays, and in bad weather to earn a living and provide for their families. For years, Uber and Lyft deducted fees from drivers that were already paid by passengers. After a years-long investigation, we reached two landmark settlements totaling $328 million with Uber ($290 million) and Lyft ($38 million). The companies are paying back workers what they are owed as well as now giving workers paid sick leave, minimum pay, and other benefits.
Q: How did your upbringing and early career influence you to run for AG?
A: My whole career has been about serving the people and using the law and government as a way to improve the lives of others.
Q: What have you learned about the law, and yourself, from your role as AG?
A: I learned that it’s critically important to use your voice to speak up for the voiceless, especially when they are being unfairly targeted or harmed. And I learned that the law can be wielded as both a sword and a shield, to defend New Yorkers from bad actors and predatory interests and uphold the laws of the great state of New York.
