A federal judge has demanded an explanation from Lindsey Halligan regarding her continued claims to be the U.S. attorney for the Eastern District of Virginia, despite a ruling in November that declared her appointment unlawful. U.S. District Judge David Novak, appointed by Trump, has given Halligan a week to respond and has reminded her of her duty as an attorney to avoid making false or misleading statements, warning that such actions could lead to disciplinary measures.
Judge Novak emphasized that the previous ruling, which found Halligan’s appointment invalid, is binding and cannot be disregarded. This comes in the wake of U.S. District Judge Cameron McGowan Currie’s November decision, which not only voided Halligan’s interim appointment but also led to the dismissal of indictments against major political figures, including former FBI Director James Comey and New York Attorney General Letitia James.
While the Department of Justice has reportedly appealed Currie’s ruling, Novak pointed out that it remains in effect for the time being. In a notable move, the White House is pursuing standard Senate confirmation for Halligan, a process that may ultimately moot the appeal. However, Halligan’s chances for confirmation are uncertain. She has a background as a personal attorney for Trump, but lacks prosecutorial experience and faced significant objections from career prosecutors when she took on her role. Critically, it was revealed that Halligan presented the indictment to the grand jury without the full procedural safeguards typically employed, leading to a major error in the case against Comey.
This ongoing legal matter reflects the complexities and challenges of appointments within the Justice Department and underscores the importance of adhering to established legal precedents.