Lindsey Halligan, a former attorney in the Trump administration, has stepped down from her role as the U.S. attorney for the Eastern District of Virginia, following a significant ruling from federal judges that declared her appointment invalid. Halligan’s tenure has been marked by controversy as she was instructed to pursue criminal charges against political opponents of former President Donald Trump, including former FBI director James Comey and New York Attorney General Letitia James.
Her departure comes after Chief Judge M. Hannah Lauck and Judge David J. Novak issued court orders that not only indicated their intention to replace Halligan but also warned of disciplinary action against any government lawyer continuing to recognize her title. These developments reflect a broader conflict between the executive and judicial branches regarding the appointment of U.S. attorneys without Senate confirmation—a situation that has intensified since Halligan’s controversial appointment, which lacked prosecutorial experience.
In her remarks, Halligan alleged that the judges had orchestrated efforts to force her out, claiming this diverted essential resources from public safety matters. Meanwhile, Abbe Lowell, an attorney for James, criticized Halligan’s tenure, referring to it as another failed attempt by the Trump administration to appoint political loyalists to critical prosecutorial roles.
The fate of the U.S. attorney’s office remains uncertain after Halligan’s exit, especially following the dismissal of Robert K. McBride, the first assistant U.S. attorney, who would typically succeed her. Notably, Halligan’s departure marks the third instance in which a Trump-appointed U.S. attorney has left amid judicial rulings questioning the legality of their appointments.
Halligan faced mounting scrutiny as judges repeatedly questioned her use of the U.S. attorney title after a court ruling that labeled her appointment as unlawful. The legal landscape for Halligan became increasingly precarious following Judge Currie’s decision in November, which challenged the legitimacy of her appointment. The Justice Department has appealed this ruling but did not secure a stay, allowing the disqualification to remain in effect.
Despite her prior indictments against Comey and James for allegedly making false statements and mortgage fraud, respectively, both charges were dismissed by the courts upon challenging Halligan’s appointment. Halligan’s interim appointment officially concluded on Tuesday, and while her nomination for a full term remains pending in the Senate, it seems unlikely to advance due to a lack of bipartisan support.
Attorney General Pam Bondi expressed her appreciation for Halligan’s service, suggesting that her contributions would continue in various forms despite the challenges she faced in office. The evolving dynamics highlight ongoing tensions within U.S. political institutions regarding appointments to pivotal roles in law enforcement, particularly as the courts play a crucial role in interpreting the validity of such appointments. As this situation unfolds, it remains a testament to the complexities of governance and the legal foundations that uphold the rule of law.