Justice Department Accuses Judge of Abusing Power Over Lindsey Halligan's Title, Defends Prosecutions Amid EDVA Turmoil
DOJ rebukes Judge Novak for questioning Lindsey Halligan’s use of 'U.S. Attorney' title after another judge invalidated her appointment, defending prosecutions and challenging judicial overreach.
Overview
The Justice Department accused U.S. District Judge David Novak of abusing power for ordering Lindsey Halligan to explain why she still identifies as Eastern District of Virginia U.S. Attorney.
U.S. District Judge Cameron McGowan Currie dismissed Halligan’s indictments against James Comey and New York Attorney General Letitia James in November, ruling Halligan’s appointment legally invalid.
A forceful DOJ filing, signed by Attorney General Pam Bondi and Deputy AG Todd Blanche, argued nothing bars Halligan from using the title and criticized judicial overreach.
The controversy follows internal EDVA turmoil: first assistant Robert McBride was dismissed after refusing to lead the Comey prosecution, leaving the office without a top career prosecutor.
Judge Novak asked whether Halligan’s name should be struck from an indictment under misconduct rules; DOJ is appealing dismissals while re-indictment and statute-of-limitations questions remain.
Analysis
Center-leaning sources frame the story as a controversy over partisan appointments and alleged prosecutorial overreach, emphasizing Halligan’s “hand‑picked” status, lack of experience, and the judges’ actions. Through loaded labels, selective sourcing (DOJ rebuttals and critical background on appointments) and highlighting dismissals, coverage leans skeptical of the prosecutions’ legitimacy.
Sources (10)
FAQ
Judge Currie ruled in November that Lindsey Halligan’s appointment as U.S. Attorney violated the Constitution's Appointments Clause, invalidating the indictments against Comey and James.
Judge Novak ordered Halligan to explain why she continues to identify as U.S. Attorney for the Eastern District of Virginia after Currie's ruling, questioning if it was false or misleading and potentially grounds for striking her name from an indictment.
In a filing signed by AG Pam Bondi, Deputy AG Todd Blanche, and Halligan, the DOJ accused Novak of abusing power and procedural errors, asserting that Currie's ruling only applied to the specific cases and does not bar Halligan from using the U.S. Attorney title elsewhere.
Halligan, a former Trump lawyer with no prior prosecutorial experience, was installed as interim U.S. Attorney for the Eastern District of Virginia last fall, replacing Erik Siebert amid pressure to prosecute Comey and James; first assistant Robert McBride was dismissed after refusing to lead the Comey case.
The indictments were dismissed by Judge Currie; the DOJ is appealing the dismissals while facing re-indictment and statute-of-limitations issues, and Halligan has identified herself as U.S. Attorney in re-indictment attempts against James.
History
6 sources