A federal judge in the United States 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 comes after a separate judicial ruling in November declared her appointment to the role was unlawful.
Judge Novak's Direct Order to Halligan
District Judge David Novak, who was appointed by former President Donald Trump, handed down a three-page order on Tuesday, 6 January 2026. He gave Halligan a strict seven-day deadline to provide a written justification for her actions. The order stems from a prior finding by District Judge Cameron McGowan Currie, who determined in November that the Department of Justice violated the Constitution by appointing Halligan.
Judge Novak's order 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 state why the court should not remove her title from an indictment and to explain why this identification does not constitute a false or misleading statement.
The Core of the Legal Controversy
The controversy centres on Halligan's status as an interim US Attorney. Judge Currie's November ruling agreed with defence lawyers who argued that Halligan, a former White House aide with no prior prosecutorial experience, had remained in office past the permitted 120-day period for an interim appointment without Senate confirmation or approval from district judges.
As a result, Currie found 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. Judge Novak acknowledged that the DOJ is appealing Currie's ruling but stressed that it remains "binding precedent" and cannot be ignored while the appeal is pending.
Background and Political Fallout
President Trump appointed Lindsey Halligan to the interim role in September 2025, following the resignation of her predecessor. Shortly after assuming office, she secured criminal indictments against both Comey and James. The cases were dismissed following the ruling on her appointment.
The White House has since pushed forward with Halligan's formal nomination, submitting her for consideration by the Senate Judiciary Committee in the hope of securing a full Senate confirmation vote. White House press secretary Karoline Leavitt stated in December, "She’s the president’s nominee. It is our hope that she is confirmed."
Judge Novak's latest intervention now places renewed scrutiny on Halligan's authority and the legal standing of any actions taken under her title, creating a significant constitutional and political dilemma for the Department of Justice.
