A federal judge has ordered prosecutor Lindsey Halligan to explain why she continues to identify herself as the U.S. Attorney for the Eastern District of Virginia, despite a prior court ruling that found her appointment to the role unconstitutional.
U.S. District Judge David Novak, a Trump appointee, issued a three-page order Tuesday giving Halligan seven days to justify her continued use of the title. The directive follows a November ruling by U.S. District Judge Cameron McGowan Currie, who concluded that the Department of Justice violated the Constitution by installing Halligan as a second successive interim U.S. attorney.
Currie’s ruling had immediate consequences, triggering the dismissal of criminal cases brought by Halligan against former FBI Director James Comey and New York Attorney General Letitia James — both frequent political targets of President Donald Trump.
In his order, Novak asked Halligan to explain “the basis for…[her] identification of herself as the United States Attorney, notwithstanding Judge Currie’s contrary ruling.” He also directed her to address why the court should not strike her title from a pending indictment and why her continued identification does not amount to a “false or misleading statement.”
Novak acknowledged that the Justice Department is appealing Currie’s decision but stressed that the ruling remains binding. “That order has not been stayed pending appeal,” he wrote. “Consequently it remains the binding precedent in this district and is not subject to being ignored.”
Currie’s November opinion sided with defense attorneys who argued Halligan unlawfully remained in office beyond the 120-day limit allowed for interim U.S. attorneys without Senate confirmation or approval from district judges. Halligan, a former White House aide with no prior prosecutorial experience, was found to have exceeded that window.
“All actions flowing from Ms. Halligan’s defective appointment,” Currie wrote at the time, “including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power.”
Trump installed Halligan as interim U.S. attorney in September after her predecessor, Erik Siebert, resigned following reports that he found insufficient evidence to criminally prosecute Comey and James. Within days of taking office, Halligan obtained a two-count indictment against Comey, accusing him of making false statements and obstructing a congressional proceeding.
Weeks later, she charged James with bank fraud and making false statements tied to a loan used to purchase a Virginia home in 2020. Both Comey and James pleaded not guilty. Their cases were dismissed after Currie’s ruling invalidated Halligan’s authority.
The White House has since moved to formalize Halligan’s role, pushing for her nomination to be considered by the Senate Judiciary Committee. “She’s the president’s nominee,” White House press secretary Karoline Leavitt told The Independent in December. “It is our hope that she is confirmed.”
For now, Novak’s order places Halligan under renewed judicial scrutiny, raising the possibility that her continued use of the U.S. attorney title — even as the DOJ appeals — could carry consequences of its own.
