A federal judge has ordered Lindsey Halligan, the Trump-backed prosecutor in the Eastern District of Virginia, to formally explain why she continues to identify herself as the district’s U.S. attorney despite a prior ruling that found her appointment unlawful.
In an order issued Tuesday, U.S. District Judge David Novak gave Halligan seven days to submit a written explanation justifying her continued use of the title. Novak warned that Halligan’s representations in court filings could amount to a “false or misleading statement,” raising the possibility of disciplinary action.
The directive marks the most forceful judicial response yet to Halligan’s ongoing role as the district’s top federal prosecutor after U.S. District Judge Cameron Currie ruled in November that Halligan was never legally eligible to hold the position.
Currie concluded that Halligan’s appointment violated both the Constitution and federal statutes governing U.S. attorney appointments, rendering her actions in the role “unlawful exercises of executive power.”
“It remains the binding precedent in this district and is not subject to being ignored,” Novak wrote.
Halligan was installed after her predecessor was forced out, following pressure from President Trump, who urged Attorney General Pam Bondi to pursue criminal cases against former FBI Director James Comey and New York Attorney General Letitia James (D). Trump later suggested Halligan for the post. At the time of her appointment, Halligan was a White House aide with no prior prosecutorial experience.
Currie’s ruling had immediate legal consequences, leading to the dismissal of Justice Department criminal cases against Comey and James, both prominent political adversaries of the president. Efforts to revive the cases stalled after prosecutors failed twice to reindict James, while key evidence in the Comey case became entangled in separate litigation.
Although Currie found Halligan’s appointment invalid, her order did not explicitly direct Halligan to vacate the office. The Justice Department has relied on that omission while appealing the ruling, even as several judges in the district have questioned Halligan’s continued authority.
Halligan is the fourth U.S. attorney appointed by Trump to be disqualified by federal courts. Judges have also invalidated appointments in New Jersey, Nevada, and the California district covering Los Angeles. Legal challenges remain pending in New Mexico and the Northern District of New York.
Last month, a federal appeals court upheld the finding that New Jersey U.S. Attorney Alina Habba was unlawfully appointed. Habba resigned shortly after the decision, and the U.S. attorney for Delaware also stepped down, citing the ruling. Novak’s order now places renewed pressure on Halligan as the appeal process continues.
