A federal judge appointed by former President Donald Trump has issued a direct order to prosecutor Lindsey Halligan, demanding she explain why she continues to identify herself as the US Attorney for the Eastern District of Virginia. This follows a prior judicial ruling that found her appointment to the role was unconstitutional.
The Judicial Order and Its Deadline
On Tuesday, District Judge David Novak delivered a three-page order giving Lindsey Halligan a strict seven-day deadline to provide her justification. The order stems from a significant ruling made in November by District Judge Cameron McGowan Currie. Judge Currie determined that the Department of Justice violated the Constitution by appointing Halligan as a second successive interim official.
Judge Novak's directive explicitly asks Halligan to outline "the basis for... [the] identification of herself as the United States Attorney, notwithstanding Judge Currie’s contrary ruling." He further instructed her to give reasons why the court should not strike her title from an indictment and to explain why this identification does not constitute a false or misleading statement.
Background of the Controversial Appointment
The core of the legal dispute lies in the statutory limits for interim appointments. Judge Currie agreed with defence arguments that Halligan, a former White House aide with no prior prosecutorial experience, had remained in office past the permitted 120-day period. This period is the maximum allowed for an interim US attorney before they must receive Senate confirmation or approval from the district's judges.
As a consequence of this finding, Currie ruled that all actions stemming from Halligan's "defective appointment" were unlawful. This directly led to the dismissal of high-profile criminal cases against two of President Trump's political adversaries: former FBI Director James Comey and New York Attorney General Letitia James.
Fallout and Political Ramifications
Lindsey Halligan assumed the interim role in September after her predecessor, Erik Siebert, resigned. Shortly after taking office, she secured indictments against both Comey and James. Comey faced charges of making false statements and obstructing a congressional proceeding, while James was indicted on charges related to bank fraud and false statements concerning a property loan. Both pleaded not guilty before their cases were thrown out.
Judge Novak acknowledged in his order that the Department of Justice is appealing Currie's disqualification ruling. However, he emphasised that the November ruling "remains the binding precedent in this district and is not subject to being ignored," as it has not been paused pending appeal.
The White House, meanwhile, is pushing forward with Halligan's formal nomination. White House press secretary Karoline Leavitt stated in December that "She’s the president’s nominee," expressing hope for her confirmation and confirming the submission of her questionnaire to the Senate Judiciary Committee.
