Lindsey Halligan: Federal Judge Bars Trump Loyalist from Acting as US Attorney
WASHINGTON – A federal judge has issued a firm order barring Lindsey Halligan, a staunch supporter of former President Trump, from “masquerading” as the top federal prosecutor in the Eastern District of Virginia. However, the judge opted to temporarily refrain from initiating attorney disciplinary proceedings, citing Halligan’s lack of experience in the field.
U.S. District Judge David Novak’s order explicitly 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.” The judge warned of potential disciplinary referrals should Halligan continue to misrepresent her position.
Background of the Case
This ruling follows a November decision where a judge determined Halligan was unlawfully serving in the role, a ruling the Justice Department has appealed. Judge Novak acknowledged Halligan’s limited prosecutorial experience, stating, “The Court recognizes that Ms. Halligan lacks the prosecutorial experience that has long been the norm for those nominated to the position of United States Attorney in this District.” He granted her “the benefit of the doubt” and paused further investigation for now.
Coincidentally, the same day as the judge’s order, the chief federal judge in the Eastern District of Virginia announced a job opening for the position previously held by Halligan. Chief Judge M. Hannah Lauck issued an order soliciting applications from attorneys interested in serving as the Interim U.S. Attorney, with a deadline of February 10, 2026.
Controversial Cases and Prior Attempts at Indictment
The controversy surrounding Halligan stems from her handling of cases against prominent figures like former FBI Director James Comey and New York Attorney General Letitia James. Following requests from President Trump to prosecute these individuals, Halligan – without prior prosecutorial experience – presented the cases to a federal grand jury.
Last month, the Trump administration’s attempt to indict James on mortgage-related charges, led by Halligan, was dismissed. A subsequent attempt to secure an indictment also failed, a rare occurrence as grand juries typically defer to prosecutors demonstrating probable cause. A top attorney in the Eastern District of Virginia was recently fired amid a dispute over re-indicting Comey, a move facing legal challenges due to the expired statute of limitations.
Ongoing Nomination and Justice Department Stance
Halligan was re-nominated for the position on January 13th, but the Senate has yet to act on her confirmation. Despite the legal challenges, the Justice Department recently referred to Halligan as “United States Attorney and Special Attorney” in the Eastern District of Virginia, maintaining that her appointment as interim U.S. Attorney was lawful based on internal legal advice from the Office of Legal Counsel.
The U.S. Attorney’s Office for the Eastern District of Virginia declined to comment, and Halligan has not yet issued a statement. White House spokeswoman Abigail Jackson asserted that Attorney General Pam Bondi “lawfully appointed Lindsey Halligan as the interim U.S. attorney,” and expressed confidence in the Trump Administration’s U.S. attorneys.
This case highlights the complexities of political appointments and the importance of experience in prosecutorial roles. For further insights into legal affairs, consider exploring resources from the U.S. Department of Justice and the FBI.
