The challenges for Lindsey Halligan, a former aide to President Donald Trump and his controversial choice to lead the U.S. Attorney’s Office for the Eastern District of Virginia, continue to mount. Following a significant legal setback over six weeks ago, a judge dismissed her indictments against former FBI Director James Comey and New York Attorney General Letitia James, concluding that Halligan was unlawfully serving as interim U.S. Attorney.
Federal Judge David Novak, appointed by Trump, issued a directive this week requiring Halligan to clarify why her current designation does not constitute a misleading statement. Despite the government’s appeal against the ruling that invalidated her appointment, there is no stay on the decision, which means it remains binding while the appeals process unfolds.
Judge Novak indicated that this inquiry was initiated by him rather than a defense request, granting Halligan a week to respond. Notably, other judges within the district have previously articulated that Halligan’s name should not be included in new criminal case filings, including both guilty pleas and indictments.
In a critical ruling regarding the case involving Comey, the court expressed concern over Halligan’s significant investigative errors, which could have led to dismissal even if her role had been legitimate. Halligan, a 36-year-old attorney with no prior prosecutorial experience and a background as a beauty contestant and insurance lawyer, was appointed by Trump in September. Her predecessor, Erik Siebert, was removed after refusing to pursue charges against James for mortgage fraud, citing insufficient evidence.
Under the law, interim U.S. attorneys can only serve in their roles for a maximum of 120 days without Senate confirmation, unless the judiciary consents to an extension. The court established that Siebert’s term had already reached its limit, rendering Halligan’s appointment illegal.
Recently, the White House attempted to advance Halligan’s Senate nomination, but this effort seemed doomed as Virginia’s Democratic senators declined to support her without the necessary “blue slip.” This blue slip process serves as a significant hurdle, halting the progress of a nomination if not returned positively.
Trump has publicly criticized the blue slip process, which has similarly thwarted the nomination of his former personal lawyer, Alina Habba, as U.S. Attorney for the District of New Jersey. Meanwhile, the Department of Justice has enlisted new prosecutors to pursue grand jury indictments against Comey and James, yet there has been no success in convincing two grand juries to approve charges against James.
Halligan’s turbulent tenure as U.S. Attorney reflects ongoing political tensions and the challenges of navigating legal frameworks within the judicial system. The situation serves as a stark reminder of the complexities and constraints faced by officials in high-stakes legal positions.