U.S. Capitol
A federal judge has barred Lindsey Halligan, President Donald Trump’s appointee as interim U.S. attorney for the Eastern District of Virginia, from referring to herself by the title before the court or potentially face attorney disciplinary proceedings, due to her continued use of the title, ignoring “a binding court order” that nullified her from the role.
In an 18-page ruling, U.S. District Judge David Novak issued an order that prohibits "Ms. Halligan from representing herself as the United States Attorney in any pleading or otherwise before this Court until such time as she may lawfully hold the office either by Senate confirmation or appointment by this Court ... should either occur."
Judge Novak added that, "Ms. Halligan's continued identification of herself as the United States Attorney for this District ignores a binding court order and may not continue.”
Judge Novak’s decision comes after U.S. District Judge Cameron Currie ruled in November that Halligan’s appointment was improper and a violation of the Constitution’s Appointment Clause. In her ruling, Judge Currie additionally dismissed cases against former FBI Director James Comey and New York Attorney General Letitia James, which Halligan brought forth.
Earlier in January, Judge Novak ordered Ms. Halligan to explain why she was still serving under the title of U.S. attorney despite Judge Currie’s ruling. In response, the Department of Justice (DOJ) filed an 11-page court filing on Jan. 14, which included Attorney General Pam Bondi and Deputy Attorney General Todd Blanche as signatories, criticizing Judge Novak’s order.
"Ms. Halligan's response, in which she was joined by both the Attorney General and the Deputy Attorney General, contains a level of vitriol more appropriate for a cable news talk show and falls far beneath the level of advocacy expected from litigants in this Court, particularly the Department of Justice," Novak fired back at the filing by the DOJ.
Judge Novak’s order came the same day the chief federal judge in the Eastern District of Virginia issued a job posting for a top federal prosecutor.
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