A federal judge criticized Lindsey Halligan, the appointed top federal prosecutor by former President Donald Trump for the Eastern District of Virginia, for her aggressive and unprofessional rhetoric in court. U.S. District Judge David Novak, who was also appointed by Trump in 2019, expressed his disappointment after Halligan, in response to his questioning of her authority, used language that was deemed more suitable for a cable news program than a court of law.
This incident marks a significant twist in a legal saga that has unfolded over several months concerning Halligan’s appointment. In November, a ruling determined that Halligan was unlawfully serving as the U.S. attorney, effectively voiding cases she had initiated against former FBI Director James Comey and New York Attorney General Letitia James at Trump’s insistence. Despite this ruling, Halligan continued to identify herself as the U.S. attorney in court documents, which angered Novak and other judges who viewed her actions as contemptuous of the court’s decisions.
In his 18-page ruling, Novak stated, “Ms. Halligan has continued to identify herself as the United States Attorney for this District,” further stressing that her argumentative response, supported by both the Attorney General and the Deputy Attorney General, was inappropriate. He warned that her misrepresentation could lead to disciplinary actions but chose to refrain from immediate consequences, citing her lack of prosecutorial experience when she assumed the role.
In the wake of this unfolding drama, judges in the Eastern District of Virginia have begun seeking applicants for an interim U.S. attorney to replace Halligan officially. Chief Judge M. Hannah Lauck indicated that Halligan’s initial 120-day term had ended and noted the need for a new appointment. The judges have a history of intervening to ensure leadership within the U.S. Attorney’s Office, as exhibited last May when they extended Erik Siebert’s term temporarily in response to pressures from the administration.
Trump nominated Halligan for a permanent position, but a Senate confirmation has yet to occur. As the search for an interim U.S. attorney continues, Lauck announced that the court would accept applications until February 10.
The instabilities surrounding Halligan’s position and the ongoing disputes reflect broader tensions within the judicial system regarding appointed officials’ roles and accountability. Amid this challenging period, there remains hope for a resolution that will restore integrity and stability to the U.S. Attorney’s Office in the district.