A federal judge in Virginia has ordered Lindsey Halligan to stop calling herself the U.S. attorney for the Eastern District of Virginia, hours after the district's chief judge announced plans to replace her in the role. The moves on Tuesday mark a sharp challenge to Halligan, a Trump appointee whose time in the position has drawn repeated court rebukes over her appointment and conduct. The dispute centers on whether her installation as interim U.S. attorney followed federal rules.
Background
Lindsey Halligan took over as interim U.S. attorney in the Eastern District of Virginia last fall. The office handles major federal cases in a region that includes Alexandria, near Washington. President Trump named her to the job after her predecessor, Erik Siebert, left the position. Siebert had served the full 120 days allowed for an interim appointee under federal vacancy rules.
Halligan had worked as Trump's personal lawyer in a case about classified documents. She had no prior experience as a prosecutor. Days after starting, her office filed charges against former FBI Director James Comey and New York Attorney General Letitia James. Both faced Trump criticism in the past. Career prosecutors had advised against those cases due to weak evidence.
In November, U.S. District Judge Cameron Currie, from South Carolina, ruled Halligan's appointment broke the law. Currie said the Trump administration could not name her interim U.S. attorney because Siebert already filled that slot for the maximum time. She threw out the indictments against Comey and James, saying they came from someone without authority.
The Justice Department appealed that decision to the Fourth Circuit Court of Appeals. But it never asked for a pause, so Currie's order stayed in place. Even so, Halligan kept signing court papers as U.S. attorney. She sometimes dropped 'interim' or 'acting' from her title.
Other judges in the Eastern District of Virginia grew frustrated. They struck her name from some filings and added notes about her disqualification. The tension built over weeks.
Key Details
On Tuesday, Chief Judge M. Hannah Lauck, an Obama appointee, posted a notice saying Halligan's 120-day term ended that day. With no Senate confirmation for a permanent pick, Lauck said district judges now have power under federal law to appoint a replacement. She directed the court clerk to advertise the job in local papers. Applications are due by February 10.
Hours later, U.S. District Judge David Novak, a Trump appointee, issued a ruling in a case where Halligan's office sought an indictment. He struck her claimed title from the document. Novak had earlier asked her to explain why she kept using the title after Currie's order. Her response, backed by Attorney General Pam Bondi and Deputy Attorney General Todd Blanche, called his questions an abuse of power.
Judges' Strong Words
Novak rejected that outright. He called her reply full of harsh words unfit for court.
“Ms. Halligan’s response… contains a level of vitriol more appropriate for a cable news talk show and falls far beneath the level of advocacy expected from litigants in this Court, particularly the Department of Justice.” – Judge David Novak
He said her actions defied court orders and hurt the rule of law.
“The Court cannot tolerate such obstinance, because doing so would undermine the very essence of the Rule of Law. If the Court were to allow Ms. Halligan and the Department of Justice to pick and choose which orders that they will follow, the same would have to be true for other litigants and our system of justice would crumble.” – Judge David Novak
Novak warned that lawyers who keep calling her U.S. attorney in filings could face discipline. He chose not to refer her for further review right now, noting her lack of prosecutorial background. But he said he would if she keeps it up.
“No matter all of her machinations, Ms. Halligan has no legal basis to represent to this Court that she holds the position. And any such representation going forward can only be described as a false statement made in direct defiance of valid court orders. In short, this charade of Ms. Halligan masquerading as the United States Attorney for this District in direct defiance of binding court orders must come to an end.” – Judge David Novak
Trump renominated Halligan for a full term last week. But her path looks blocked. Virginia's senators, Mark Warner and Tim Kaine, both Democrats, do not back her. The Senate has not acted.
Deputy Attorney General Todd Blanche posted on social media that Trump picks U.S. attorneys and would remove any judge-appointed replacement.
The U.S. Attorney's Office did not comment Tuesday.
What This Means
The judges' steps fill a gap in federal law. After 120 days without a Senate-confirmed U.S. attorney, district judges can step in. This district matters because it prosecutes big cases, from national security to public corruption. A vacancy could slow work on ongoing matters.
Halligan's ouster pushes the Justice Department to find a new way forward. The appeal of Currie's ruling could change things if higher courts side with the government. For now, judges control the process.
Trump's team sees this as overreach. They argue presidents name U.S. attorneys, subject to Senate advice. The White House has targeted political foes through this office, like Comey and James. Those cases collapsed with Halligan's disqualification.
Qualified lawyers may now apply. The court wants prosecutors with experience, unlike Halligan. This could lead to a career official taking over, shifting the office's direction.
The fight tests boundaries between branches. Courts enforce appointment rules. The executive pushes its choices. Virginia's bench, with judges from both parties, shows unity against what they see as unlawful steps.
Halligan's role ends formally Tuesday. But the battle over who leads this key office continues. Applications will show if locals step up. Senate action on Trump's nominee seems unlikely soon. The Justice Department must adjust to court demands while its appeal plays out.
