New York State Senator Warns Hochul Against Using Taxpayer Funds for Letitia James’ Federal Defense

State Senator Mark Walczyk is demanding that Governor Kathy Hochul refrain from spending taxpayer dollars to fund the legal defense of New York Attorney General Letitia James, who was indicted on federal charges of bank fraud and making false claims earlier this week.

In a statement released Thursday, Walczyk accused the governor of attempting to shield political allies with public money.

“Governor Kathy Hochul must NOT use a single taxpayer dollar to fund the defense of private citizen Letitia James, who was indicted yesterday on federal charges of bank fraud and making false claims. Even though the Governor recently gave herself the authority to do it, this would be an unconstitutional and egregious misuse of public funds,” Walczyk said.

He cited Article 7 of the State Constitution which states: “No money shall ever be paid out of the state treasury or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law.”

According to Walczyk, Hochul sidestepped this requirement by slipping an eleventh-hour budget provision into law.

James, who has long been one of former President Donald Trump’s most vocal adversaries, was indicted following a grand jury presentation in Virginia. The case, pushed by the Trump administration, accuses her of making false statements in relation to a 2023 mortgage filing.

The indictment follows years of political warfare between James and Trump, including her high-profile civil fraud lawsuit against him and the Trump Organization. While James initially won a judgment exceeding $500 million, an appellate court later overturned the penalty.

Her defense team has denied the allegations, dismissing them as politically motivated retaliation. Attorney Abbe Lowell, who represents James, has said she did not mislead anyone and that any errors in her paperwork were promptly corrected.

The Justice Department’s case marks the latest escalation in a wave of prosecutions aimed at Trump’s political rivals. The charges against James come just weeks after former FBI Director James Comey was also indicted.

As James prepares for her first court appearance on October 24th, Democratic allies have already rallied to raise money for her legal defense. Representative Alexandria Ocasio-Cortez (D-NY) sent fundraising emails to supporters, urging them to “rush a donation to Letitia James right now” through ActBlue, which she described as the “Letitia James Legal Fund.”

The Democratic Attorneys General Association (DAGA) has also launched a national legal defense fund on James’ behalf. AOC has echoed James’ claim that the charges are “baseless” and framed the indictment as a dangerous abuse of presidential power.

But Walczyk and other Republicans argue that Governor Hochul is preparing to go a step further by using public money to prop up James’ legal team. Walczyk pointed to Section 702 of the state’s budget bill, a provision he described as a “private attorney slush fund for political allies.”

“New York taxpayers are now facing the consequences of a disgraceful scheme crafted in secret and jammed through the budget process by Governor Hochul in the final hours before the budget passed,” Walczyk said. “This provision was never mentioned in the Governor’s original budget proposal, never discussed in public hearings, and never reflected in the one-house budget resolutions. Yet, like clockwork, it was tucked away…and now serves as a private attorney slush fund for political allies.”

The senator framed the issue as one of accountability, warning that public money should never be used for a politician’s personal defense. “While you bust your backs working to pay your taxes, Governor Hochul is stacking your hard-earned money to fund the legal defense of a politician entangled in a federal investigation of a private matter. This isn’t merely reckless—it is downright corruption,” he said.

Republican senators are calling on the State Comptroller, bipartisan legislators, and citizens statewide to oppose any attempt to divert state funds toward James’ defense.

"It’s wrong, it’s unconstitutional, and we all know it," he concluded.

Meanwhile, Hochul’s office has not confirmed whether taxpayer dollars will be used in James’ case, but her critics insist the budget provision was intentionally designed to give her that option.

James will continue to serve as the state’s top law enforcement officer despite the federal indictment.

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New York State Senator Warns Hochul Against Using Taxpayer Funds for Letitia James’ Federal Defense