In a significant legal dispute, Lindsey Halligan, a U.S. attorney, faces scrutiny over her continued role. The Justice Department has come to her defense, challenging a federal judge’s assertion that her appointment is invalid.
Lindsey Halligan’s Appointment Under Fire
Judge David Novak, presiding over a case in Richmond, questioned Halligan’s legitimacy as U.S. attorney. He required her to justify her title after a previous ruling from Judge Cameron Currie declared her appointment unconstitutional.
Context of the Legal Challenge
Judge Currie found that Halligan’s interim appointment was flawed, asserting that it violated the Appointments Clause of the Constitution. Halligan allegedly began serving unlawfully as of September 22, following the expiration of a 120-day appointment period set for interim U.S. attorneys.
- Halligan’s predecessor, Erik Siebert, was appointed in January 2025.
- Court rulings indicate that the timetable for appointments was not adhered to properly.
- Halligan’s judicial actions against prominent figures like former FBI Director James Comey and New York Attorney General Letitia James are under scrutiny.
Defense from the Justice Department
The Justice Department’s filing, which includes signatures from Attorney General Pam Bondi and Deputy Attorney General Todd Blanche, condemned Novak’s order. They characterized it as a “gross abuse of power” and an attempt to coerce the Executive Branch.
Arguments Against the Judge’s Order
The Justice Department maintained that Halligan’s actions were legitimate despite Judge Currie’s prior ruling. They argued that this ruling only pertained to the specific cases against Comey and James and should not affect Halligan’s broader ability to serve in her role.
Furthermore, they criticized Judge Novak for suggesting that Halligan’s identification as U.S. attorney could lead to attorney disciplinary action. They insisted that his inference was a significant overreach and undermined the separation of powers.
Changes Within the Justice Department
In a related development, Robert McBride, a top federal prosecutor in the Eastern District of Virginia, was dismissed. Sources indicated that this was due to his refusal to be involved in prosecuting Comey.
Background on Lindsey Halligan
Halligan, who previously worked as an insurance lawyer, was involved with President Trump’s legal team and joined his White House staff following the 2024 elections. She was appointed as interim U.S. attorney in September 2025, just as her predecessor left amid concerns regarding prosecutions in politically sensitive cases.
Key Statistics and Implications
Crucial figures in this ongoing situation include:
- Appointment timeline: 120 days for interim U.S. attorneys.
- Halligan’s unlawful service period noted as from September 22 onward.
This case reflects a complex intersection of legal authority, executive power, and political controversies. It underscores the ongoing tensions within the Justice Department regarding accountability and prosecution discretion.
