Federal judge orders Lindsey Halligan to explain continued U.S. attorney title after court rulings invalidated appointment
A federal judge demands Lindsey Halligan explain why she retains the U.S. Attorney title for Eastern Virginia after rulings invalidated her appointment amid legal clashes.
Overview
Lindsey Halligan, named interim U.S. Attorney for Eastern Virginia by President Trump after Erik Siebert's resignation amid concerns over his prosecution record, now faces judicial scrutiny on her title.
A federal judge ordered Halligan to explain why she continues to identify as U.S. Attorney despite court rulings invalidating her appointment, amid debate over a 120-day confirmation window.
Where: Eastern Virginia, the district served by the U.S. Attorney's Office, becomes focal point for disputes over interim appointments and Senate confirmation requirements.
How/why: The Trump administration invoked statutes to extend interim tenure beyond 120 days for U.S. Attorneys, linking the Halligan matter to broader political and legal clashes surrounding prosecutions.
Prosecutions: Halligan, appointed by Trump, led cases against FBI Director James Comey and New York Attorney Letitia James, illustrating partisan legal battles and their implications.
Analysis
Center-leaning sources present the matter with neutral, procedural reporting: Novak’s order, Currie’s appointment ruling, the DOJ appeal, and the email corroborating instructions to keep Halligan's title on pleadings. They present the facts, include official language, and quote judges without pushing a verdict, demonstrating neutral framing focused on the judiciary's process rather than judgment.
Sources (5)
FAQ
Lindsey Halligan is an American attorney who served as a special assistant to President Trump and White House senior associate staff secretary from January to September 2025, and previously as Trump's personal attorney. She was appointed interim U.S. Attorney for the Eastern District of Virginia in September 2025.[1]
U.S. District Judge Cameron Currie ruled on November 24, 2025, that Halligan's appointment violated the Constitution's Appointments Clause and 28 U.S.C. § 546, as it was a second consecutive interim appointment after Erik Siebert, exceeding the 120-day limit without Senate confirmation.[1]
Halligan secured indictments against former FBI Director James Comey for lying to Congress and New York Attorney General Letitia James for bank fraud, but both cases were dismissed due to her invalid appointment.[1]
On January 6, 2026, U.S. District Judge David Novak ordered Halligan to explain within seven days why she continues to use the U.S. Attorney title and why it does not constitute a false or misleading statement, despite Judge Currie's binding ruling.[1]
The Department of Justice appealed Judge Currie's November 2025 ruling invalidating Halligan's appointment on December 19, 2025, but has not sought to stay it, and the ruling remains binding in the district.[1]
History
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