Poli Alert Politics & Civics
Related Articles
Lindsey Halligan has departed the Justice Department after a federal judge ruled she could no longer refer to herself as a U.S. attorney, finding that her continued use of the title violated binding court orders that invalidated her appointment last year.
Attorney General Pam Bondi confirmed Halligan’s exit in a statement posted Tuesday night, calling her departure “a significant loss for the Department of Justice and the communities she served,” while criticizing the circumstances surrounding her removal as “deeply misguided.”
The announcement followed an 18-page ruling Tuesday by U.S. District Judge David Novak of Richmond, Virginia, who barred Halligan from identifying herself as U.S. attorney for the Eastern District of Virginia in court filings and warned that further use of the title could result in disciplinary proceedings.
“Ms. Halligan’s continued identification of herself as the United States Attorney for this District ignores a binding court order and may not continue,” Novak wrote.
Appointment ruled unconstitutional
Halligan’s authority has been under scrutiny since November, when U.S. District Judge Cameron Currie ruled that her appointment as interim U.S. attorney violated the Constitution’s Appointments Clause. Currie dismissed indictments Halligan brought against former FBI Director James Comey and New York Attorney General Letitia James, concluding Halligan was unlawfully appointed. The Justice Department has appealed that decision.
Under federal law, an interim U.S. attorney may serve for 120 days, after which the district court may extend the appointment.
Earlier this month, Novak ordered Halligan to explain why her continued use of the U.S. attorney title did not constitute a false or misleading statement, after she appeared on a December indictment listing herself as “United States attorney and special attorney.”
DOJ sharply rebuked by court
Senior Justice Department officials defended Halligan in court filings, accusing Novak of a “gross abuse of power” and attempting to “coerce the Executive Branch into conformity.” The filing — signed by Halligan, Bondi and Deputy Attorney General Todd Blanche — described Novak’s actions as an “inquisition” and an “insult.”
The department argued that Currie’s November ruling applied only to the Comey and James cases and did not prohibit Halligan from using the title in other prosecutions.
Novak rejected that argument outright.
“Those Orders, though currently on appeal, have not been overturned or stayed, and thus constitute the law of this District,” he wrote. “Having been found to be unlawfully appointed, Ms. Halligan lacks lawful authority to represent herself as the United States Attorney before this Court.”
Novak also criticized the tone of the Justice Department’s filings, saying they contained “unnecessary rhetoric” more appropriate for “a cable news talk show” than a federal courtroom.
“The Court finds it inconceivable that the Department of Justice… would repeatedly ignore court orders, while simultaneously prosecuting citizens for breaking the law,” he wrote.
DOJ reverses course
Before Bondi publicly announced Halligan’s departure, the Justice Department had already instructed prosecutors to stop referring to her as U.S. attorney and instead identify her as a “special attorney,” according to a source familiar with the matter.
Novak noted that Halligan had other legal avenues available to continue representing the government while the appeal proceeds but instead “elected to simply ignore valid court orders.”
Background and next steps
Halligan, a former insurance lawyer and member of President Trump’s legal team, joined the White House after Trump’s 2024 reelection and was appointed interim U.S. attorney for Eastern Virginia on Sept. 22 after her predecessor abruptly departed.
Days into her tenure, Halligan secured indictments against Comey and James — both of whom pleaded not guilty and argued the prosecutions were politically motivated and legally invalid due to Halligan’s appointment.
While the White House has nominated Halligan for the permanent role, neither of Virginia’s Democratic senators has advanced her nomination, effectively blocking Senate confirmation.
Novak said he would not refer Halligan for disciplinary action at this time, citing her lack of prosecutorial experience.
“The Court grants Ms. Halligan the benefit of the doubt,” he wrote.
The chief judge of the Eastern District of Virginia also announced Tuesday that the court is now accepting applications to select a replacement U.S. attorney, as required when no Senate-confirmed official is in place.
Under federal law, the judges’ selection could still be removed by President Trump.
