Lindsey Halligan has left her post as U.S. attorney for the Eastern District of Virginia after a federal judge ordered her to stop claiming the title. Her exit ends a months-long legal standoff between the Trump administration and the federal court in Richmond.
Attorney General Pam Bondi announced Halligan’s departure late Tuesday, hours after U.S. District Judge David Novak issued an 18-page ruling barring her from referring to herself as U.S. attorney. He warned that continued use of the title would amount to defying binding court orders.
Download the SAN app today to stay up-to-date with Unbiased. Straight Facts™.
Point phone camera here
Bondi blamed Virginia’s two Democratic senators for blocking Halligan’s Senate confirmation and forcing her out. “Her departure is a significant loss for the Department of Justice,” Bondi wrote on social media. “While we feel her absence keenly, we are confident that she will continue to serve her country in other ways.”
Judge forces the break
Novak’s ruling found that Halligan “lacks lawful authority” to represent herself as U.S. attorney and said her continued use of the title “may not continue.” He warned that courts would treat any further filings listing her as U.S. attorney as false statements made in direct defiance of court orders.
Unbiased. Straight Facts.TM
After 120 days without a Senate confirmation, only district courts can fill a vacancy, not the Attorney General.
Novak said Halligan’s continued use of the U.S. attorney title amounted to a “charade” and warned that listing herself as the district’s top prosecutor in court filings would be treated as a false statement made in direct defiance of valid court orders.
The order reinforced a November ruling by U.S. District Judge Cameron Currie, who found Halligan’s appointment unconstitutional and dismissed her indictments against former FBI Director James Comey and New York Attorney General Letitia James.
Novak rejected the Justice Department’s claim that Currie’s ruling applied only to those two cases. He said the decision still stands as the law of the district because it has not been overturned or stayed.
Court rebukes Justice Department
Novak also sharply criticized a Justice Department filing signed by Halligan, Bondi, and Deputy Attorney General Todd Blanche.
He said the filing contained “unnecessary rhetoric” and “a level of vitriol more appropriate for a cable news talk show” than a federal courtroom. The filing accused Novak of a “gross abuse of power” and an “inquisition.” Novak wrote that the argument “rings hollow” and misunderstands the legal issue.
On Tuesday evening, prosecutors in Halligan’s office were instructed to stop referring to her as U.S. attorney and instead list her as a special attorney, according to an email reviewed by The New York Times.
This story is featured in today’s Unbiased Updates. Watch the full episode here.
Replacement process begins
Bondi appointed Halligan as interim U.S. attorney in September after the administration forced out her predecessor. Within days, she secured indictments against Comey and James. Both pleaded not guilty. Those cases were dismissed in November after Currie ruled her appointment unlawful.
Under the statute cited by the Trump administration, an interim U.S. attorney may serve for 120 days unless extended by district judges. Novak said Halligan’s interim term expired Tuesday.
Later that day, the chief federal judge in the Eastern District of Virginia posted a public call for applicants to replace Halligan. Federal law allows judges in a district without a Senate-confirmed U.S. attorney to select a temporary successor.
The court noted that President Donald Trump could attempt to fire any replacement chosen by the judges and reinstall his own pick.
