New York Attorney General Letitia James is under renewed scrutiny as former assistant solicitor general Brian Ginsberg alleges she has abused her prosecutorial powers. In a May 12 Supreme Court filing, Ginsberg criticized James’s use of the parens patriae doctrine in a Title IX case, arguing it exemplifies her pattern of abuse of power and overreach.
Ginsberg, who served under James from 2019 to 2022, contends that her actions in the Title IX case against a western New York school district reflect a broader misuse of authority. He urged the Supreme Court to address this issue, stating the need to “disabuse opportunistic attorneys general” of the belief that they can exploit their powers without consequence.
The former official also referenced a 2024 incident where New York Supreme Court Justice Emilio Colaiacovo reprimanded James for initiating a politically charged environmental lawsuit against Pepsi. The court dismissed the case, labeling it a “predatory lawsuit that seek[s] to impose punishment while searching for a crime.”
These allegations align with previous criticisms from President Donald Trump’s legal team. In January 2024, Trump’s attorney, Clifford Robert, accused James of a “shameless abuse of power” in her civil fraud case against the former president. James had campaigned on a platform that included targeting Trump, raising concerns about the impartiality of her prosecutions.
Ginsberg’s assertions carry weight given his tenure in James’s office, where he participated in high-profile cases, including litigation against the National Rifle Association and defending New York’s COVID-19 restrictions on religious gatherings. His departure in 2022 marked a transition to the private sector, but his recent filing indicates ongoing concern over James’s approach to her role.
The Supreme Court has yet to respond to Ginsberg’s petition. However, his statements contribute to a growing discourse on the limits of prosecutorial power and the importance of maintaining impartiality in legal proceedings. As Ginsberg emphasized, there is a pressing need to prevent the misuse of authority by those in positions of legal power.
