Dyan Gershman: NYC Bar Statement Highlights Risks of Politicized Prosecutions

Politicized prosecutions

Key Takeaways

  • The NYC Bar issued a statement warning against politically motivated prosecutions that threaten judicial independence.
  • The warning followed the indictment of New York Attorney General Letitia James after prior rulings against Donald Trump.
  • The NYC Bar described the case as part of a broader pattern of weaponizing the justice system.
  • Legal institutions rely on public trust, which is weakened when prosecutions appear driven by political pressure.
  • Business and legal leaders are urged to defend the rule of law and institutional independence.


Dyan Gershman is a seasoned New York City corporate lawyer whose professional background spans elite private practice and senior in-house roles at major multinational companies. Drawing on more than 25 years of experience, she advises U.S. and international clients on mergers and acquisitions, joint ventures, strategic alliances, technology and intellectual property licensing, and equity investments. As founder of Gershman Law, PLLC, established in 2014, Gershman brings a perspective shaped by her prior work at a global law firm and at Fortune 50 companies, where she led complex domestic and cross-border transactions.

Her career includes advising on matters that intersect with regulatory oversight, corporate governance, and the rule of law. This professional context makes the New York City Bar Association’s warning about politically motivated actions by the Department of Justice a relevant topic for legal practitioners and business leaders alike, particularly as it raises broader concerns about institutional independence and public confidence in the justice system.

NYC Bar Warns of the Dangers of Politically Motivated Attacks by the DOJ

In October 2025, the New York City Bar Association (NYC Bar) released a comprehensive statement regarding politically motivated attacks on New York Attorney General (NYAG) Letitia James. The announcement came as part of the organization’s longstanding defense of America’s independent justice system.

Letitia James became the 67th NYAG in 2019. A Democrat, James is the first African American to hold the position and the first woman elected to the office of NYAG. Prior to her election as attorney general, James spent nearly a decade as a member of the New York City Council, followed by five years as the New York City public advocate. She was also the first African American woman elected to a citywide office in New York City.

Among her various achievements in these roles, James successfully filed a civil suit against Donald Trump in 2022, citing years of financial fraud. The comprehensive filing centered on Trump allegedly falsifying his net worth by billions of dollars as part of numerous statements of financial condition, not just from Trump, but Donald Trump, Jr., Ivanka Trump, and Eric Trump. The family derived millions of dollars in economic benefits based on these documents that were allegedly fraudulent.

James sought approximately $250 million in recompense for economic benefits obtained as a result of these allegedly false documents. Furthermore, the civil suit demanded that Trump and his children renounce their positions with the Trump Organization and sought to ban each member from assuming leadership roles in any New York corporation at any point in the future.

Initially, presiding judge Arthur Engoron ruled in favor of James, demanding the defendants pay back $364 million in illegally obtained economic gains. However, after Trump assumed the presidency in 2024, an appeals court voided the penalty, describing the figure as “excessive,” though it upheld Trump’s liability, resulting in both sides making further appeals to the New York Court of Appeals.

Shortly after the initial appeals court ruling, a federal grand jury in Virginia indicted the NYAG on one count of bank fraud and one count of making a false statement to a financial institution, charges to which she pleaded not guilty. The charges seemingly come as a direct result of Trump’s urging the prosecution of his longtime political opponent. During a 2024 political rally, Trump explicitly called for James and Engoron to “be arrested and punished accordingly,” without specifying their alleged crimes.

The indictment against James derives from the NYAG’s purported lying on an application for a $109,600 mortgage in 2020 for a property in Norfolk, Virginia. While Trump’s “ill-gotten gains” described in the civil suit amounted to $450 million, the Virginia grand jury pegged James’ “ill-gotten gains” at $18,933 after she allegedly rented the house after claiming she would use the home as a secondary property for personal use. The indictment came a few weeks after an indictment against former Federal Bureau of Investigation Director James Comey, another of Trump’s political opponents. Comey also pleaded not guilty to two felony charges.

The NYC Bar announcement described James as facing a “politically motivated indictment at the urging of the President of the United States” and echoed the warning the NYC Bar had issued the prior week in its statement, entitled “A Weaponized Justice Department is Antithetical to Democracy,” which came after Comey’s indictment. The NYC Bar urged all members of the legal community and the public at large to stand up for our legal institutions and systems. Visit the NYC Bar’s Rule of Law Facts & Resources page at nycbar.org to read more statements from the NYC Bar on current legal issues.

FAQs

Why did the NYC Bar issue a statement about politically motivated prosecutions?

The NYC Bar warned that using the justice system to target political opponents undermines democratic institutions. It emphasized that public confidence depends on prosecutorial independence from political influence.

What case triggered the NYC Bar’s warning?

The statement followed the indictment of New York Attorney General Letitia James after she pursued civil action against Donald Trump. The NYC Bar described the timing and circumstances as raising serious concerns about political motivation.

What risks do politicized prosecutions pose to the legal system?

They weaken trust in courts and law enforcement by creating the perception that the law is applied selectively. Over time, this can erode the rule of law and institutional credibility.

Why does this issue matter to businesses and legal professionals?

Stable legal systems are essential for predictable regulation, contracts, and investment. If prosecutions appear politically driven, it increases uncertainty and risk across the business environment.

Who is Dyan Gershman and why is this topic relevant to her work?

Dyan Gershman is a corporate and M&A attorney whose career involves navigating complex regulatory and governance environments. The integrity and independence of legal institutions directly affect the business and legal frameworks her clients rely on.

About Dyan Gershman

Dyan Gershman is a New York City-based corporate and mergers and acquisitions lawyer and the founder of Gershman Law, PLLC. She advises U.S. and international clients on mergers and acquisitions, joint ventures, strategic alliances, technology and intellectual property licensing, and equity investments.

Her background includes senior roles at Jones Day, Bristol-Myers Squibb, and General Electric, where she led complex domestic and cross-border transactions. Ms. Gershman holds a juris doctor from Boston College Law School and a bachelor’s degree from Colorado College.

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