A Missouri federal prosecutor stepped in to assist interim U.S. Attorney Lindsey Halligan in a bank fraud case involving New York Attorney General Letitia James, causing a stir on Tuesday. The prosecutor submitted a notice explaining why the Department of Justice was not complying with a court directive to provide discovery materials related to claims of vindictive prosecution before James could file a motion to dismiss.

This five-page document, signed by Roger Keller Jr., informed U.S. District Judge Jamar Walker that the Trump administration had disregarded the judge’s “instruction,” labeling the order as “premature.”

According to the notice, “During the October 24, 2025, proceedings, the Court directed the United States (the Government) to provide the defendant with discovery related to vindictive or selective prosecution before any motion was filed.” The notice further clarified, “This directive is premature, as the Government is not obligated to comply until the defendant presents objective evidence indicating possible prosecutorial misconduct. The required standard is ‘rigorous.'”

Keller emphasized that the law does not permit a defendant to access discovery concerning the government’s prosecutorial decisions until the defendant overcomes a substantial barrier by presenting objective evidence of prosecutorial misconduct, as seen in Kilmar Abrego Garcia’s criminal case.

In essence, Keller argued that James must first present her arguments, after which the judge can determine if she has met her burden of proof.

“The Order to produce vindictive/selective prosecution-related discovery before Defendant filed her motion relieved her of her obligation to overcome the prosecution’s presumptive lawfulness with ‘evidence tending to show the existence of prosecutorial misconduct,’” the filing concluded. “The Government is not required to produce vindictive/[selective] prosecution-related discovery until Defendant overcomes the presumption of the prosecution’s lawfulness.”

Walker, a Joe Biden appointee, had a terse response to the DOJ’s filing, reminding the government of the discovery plan in place and that motion practice is the ordinary way to handle disputes.

“The Court has received the government’s filing regarding discovery on the issue of vindictive and/or selective prosecution. The Order on the parties’ jointly recommended discovery plan governs discovery in this case,” the judge said. “To the extent any discovery dispute arises, the parties may address it in a motion.”

Walker previously ordered that James’ motion to toss out the case on vindictive or selective prosecution grounds had to be filed by Friday.