Halligan Leaves Eastern Virginia U.S. Attorney’s Office After Judges Void Her Appointment and Toss Comey, Letitia James Indictments
Lindsey Halligan, a Trump‑appointed lawyer, has left her interim post in the Eastern District of Virginia after Judge Cameron McGowan Currie found her appointment unlawful, tossed indictments of James Comey and New York AG Letitia James, and Judge David Novak barred her from using the “U.S. Attorney” title and ordered her to explain its continued use. DOJ leaders including Attorney General Pam Bondi have contested the judges’ orders and are appealing while attempting to revive the prosecutions (amid internal turmoil that included the firing of Halligan’s top deputy, Robert McBride), and Chief Judge M. Hannah Lauck has authorized a vacancy announcement to fill the office.
📌 Key Facts
- Lindsey Halligan, a former Trump personal attorney with no prior prosecution experience, was installed as interim U.S. Attorney in the Eastern District of Virginia one day after acting U.S. Attorney Erik Siebert resigned under pressure; Attorney General Pam Bondi later issued an order purporting to retroactively appoint Halligan as a special attorney, but Judge Cameron McGowan Currie ruled on Nov. 24 that Halligan’s appointment was unlawful and that the retroactive appointment did not cure the defects.
- Currie’s Nov. 24 ruling found Halligan’s appointment invalid and set aside or dismissed the indictments of James Comey and New York Attorney General Letitia James as products of a defective appointment; DOJ is appealing those rulings but has not obtained a stay from the 4th Circuit, so Currie’s decision remains binding in the district for now.
- Despite Currie’s ruling and while the appeal is pending, internal DOJ guidance instructed Eastern District of Virginia prosecutors to continue listing Halligan as both “United States Attorney” and “Special United States Attorney” on pleadings (citing OLC approval); prosecutors reportedly secured the Comey and James indictments without participation from career prosecutors, who sources say refused because they viewed the evidence as weak.
- U.S. District Judge David Novak ordered Halligan to explain in writing within seven days why she continued to identify herself as U.S. Attorney and why that would not be a false or misleading statement, then issued an 18‑page order striking “United States Attorney” from her signature blocks, barring her from using the title in his court and warning that continued use could prompt disciplinary proceedings.
- Novak sharply rebuked a joint DOJ filing (signed by Attorney General Pam Bondi, Deputy Attorney General Todd Blanche and Halligan) as containing “a level of vitriol more appropriate for a cable news talk show,” said allowing DOJ to pick which orders it obeys would undermine the justice system, and directed that Bondi and Blanche be given the same instruction.
- Robert K. McBride, the Eastern District of Virginia’s first assistant and Halligan’s top deputy, was fired after resisting DOJ leadership’s efforts to have him lead a restart of the Comey prosecution; competing accounts say his dismissal also reflected other internal disputes, and his firing came amid DOJ attempts to revive the Comey case despite dismissal and re‑indictment challenges, including statute‑of‑limitations issues.
- Judge Novak and other court officers described Halligan’s continued representation of herself as U.S. Attorney as a “charade” and “masquerading” in the role; Halligan said she left the interim U.S. Attorney post after her 120‑day appointment expired, complained of “baseless accusations” and argued a successor had not been appointed, creating what she called a “vacuum.”
- Chief Judge M. Hannah Lauck directed the clerk to publish a vacancy announcement and solicit applications for a new U.S. Attorney; Attorney General Bondi publicly blamed Senate Democrats’ use of the blue‑slip process and “multiple unnecessary legal obstacles” for blocking Halligan’s continuation and said Halligan “will continue to serve her country in other ways.”
🔬 Explanations (3)
Deeper context and explanatory frameworks for understanding this story
Phenomenon: Persistence of acting officials in DOJ roles despite legal challenges and invalidation rulings
Explanation: Ambiguities in the Federal Vacancies Reform Act (FVRA) and reliance on informal norms rather than enforceable rules allow administrations to extend acting tenures, with slow judicial enforcement enabling continued operations during appeals
Evidence: The FVRA contains loopholes that permit repeated extensions or reinterpretations, compounded by lack of transparency in personnel decisions, leading to prolonged acting service even after court challenges
Alternative view: Senate gridlock on confirmations forces reliance on actings to maintain agency function
💡 Shifts focus from individual administration tactics to broader systemic flaws in vacancy laws, complicating narratives that attribute issues solely to one president's disregard for norms
Phenomenon: Use of DOJ for prosecuting political opponents
Explanation: Historical expansions of executive authority over DOJ, starting from Nixon-era claims of presidential control over prosecutions, have eroded traditional norms of prosecutorial independence, enabling direct political influence
Evidence: Nixon administration asserted presidential direction of DOJ actions, a claim expanded under later administrations, leading to weakened separation of powers and increased politicization
Alternative view: Structural lack of internal accountability mechanisms within DOJ allows political interference without sufficient checks
💡 Highlights long-term erosion across administrations, challenging coverage that frames it as a novel or isolated phenomenon tied only to recent political figures
Phenomenon: Bypassing standard appointment processes for interim U.S. attorneys
Explanation: Increased presidential reliance on acting officials stems from institutional incentives to avoid Senate confirmation delays, facilitated by FVRA provisions that allow temporary appointments without oversight
Evidence: Analysis shows rising use of actings since FVRA enactment in 1998, driven by partisan Senate blockages and executive preference for flexibility in key positions
📰 Source Timeline (11)
Follow how coverage of this story developed over time
January 21, 2026
8:33 PM
Lindsey Halligan, Trump's former personal attorney, exits Virginia prosecutor's office
New information:
- NPR piece emphasizes that Halligan is now 'out of the post' and out of the prosecutor’s office following Novak’s latest order and the expiration of her 120‑day appointment.
- It directly ties Halligan’s defective appointment to the dismissal of the criminal cases against James Comey and New York AG Letitia James, noting those indictments have been set aside.
- The article quotes Novak’s fresh order calling Halligan’s service a 'charade' and warning that any attempt to fill the job by appointment now would violate U.S. law and the Appointments Clause.
- Attorney General Pam Bondi publicly blames Halligan’s departure on Senate Democrats and 'multiple unnecessary legal obstacles' and says Halligan 'will continue to serve her country in other ways.'
- The story recaps that Halligan, a former Trump personal attorney with no prior prosecution experience, was installed one day after former acting U.S. attorney Erik Siebert resigned under pressure from Trump over demands to charge perceived enemies.
2:49 AM
Former Trump lawyer accuses federal judge of making 'baseless accusations of lying' after departure
New information:
- Halligan publicly states she has left the interim U.S. attorney role after her 120‑day appointment expired, citing the court’s November ruling as effectively disqualifying her.
- She says she was "subjected to baseless accusations of lying to a tribunal and making false or misleading statements," and ordered to personally sign filings explaining why her name appeared on pleadings.
- Halligan emphasizes that even after declaring her appointment invalid, the district court did not appoint a new U.S. attorney, which she calls a "vacuum" now at issue on appeal over separation of powers.
- Attorney General Pam Bondi issues a supportive statement on X blaming Democratic senators’ use of the blue‑slip process for blocking continuation of Halligan’s tenure, and calling the circumstances of her departure "deeply misguided."
January 20, 2026
10:14 PM
Federal judge says Trump-appointed federal prosecutor in Virginia is 'masquerading' in the job
New information:
- Chief Judge M. Hannah Lauck of the Eastern District of Virginia issued an order directing the clerk to publish a vacancy announcement and solicit applications for a new U.S. attorney, noting Halligan’s 120‑day appointment expires Tuesday.
- Judge David Novak struck the words 'United States Attorney' from Halligan’s signature block on an indictment in a case before him and formally barred her from representing herself as U.S. attorney in his court.
- Novak warned he will initiate disciplinary proceedings against Halligan — and potentially against other signatories — if she continues to use the U.S. attorney title in defiance of court orders, calling her continued claims a 'charade' and 'masquerading' in the role.
- Novak’s order responds to a 'defiant' filing signed by Attorney General Pam Bondi and Deputy AG Todd Blanche that he described as containing 'vitriol more appropriate for a cable news talk show' and falling beneath expected DOJ advocacy standards.
8:47 PM
Judge bars Lindsey Halligan's continued use of U.S. attorney title
New information:
- Direct language from Novak’s 18-page order that Halligan’s continued use of the title 'ignores a binding court order and may not continue,' and that she could face disciplinary proceedings if she persists.
- More detailed explanation that Judge Cameron Currie’s November ruling invalidating Halligan’s appointment and dismissing the Comey and Letitia James indictments 'speaking for all district judges in this District' constitutes the law of the district until overturned or stayed.
- Quoting Novak’s criticism that DOJ’s response brief contained 'a level of vitriol more appropriate for a cable news talk show' and fell 'far beneath the level of advocacy' expected from DOJ, along with his warning that allowing DOJ to pick which orders it obeys would make 'our system of justice...crumble.'
7:46 PM
Federal judge strikes Lindsey Halligan’s use of U.S. attorney title
New information:
- Judge David Novak issued an 18‑page order formally barring Lindsey Halligan from identifying herself as U.S. attorney in any legal matter, calling any such representation a 'false statement' made in defiance of valid court orders.
- Novak directed that Attorney General Pam Bondi and Deputy Attorney General Todd Blanche be given the same instruction after they joined Halligan’s written response as signatories.
- The judge condemned their response as containing 'a level of vitriol more appropriate for a cable news talk show' and warned he will pursue disciplinary action against Halligan, DOJ, or any other signatories if they continue to ignore his orders.
January 13, 2026
10:22 PM
Justice Department accuses judge of abusing power in questioning prosecutor's authority
New information:
- Judge David Novak ordered Lindsey Halligan to explain in writing why it is not false or misleading for her to continue identifying herself as U.S. Attorney for the Eastern District of Virginia after another judge ruled her appointment illegal.
- DOJ leadership — Attorney General Pam Bondi, Deputy Attorney General Todd Blanche and Halligan herself — filed a joint response calling Novak’s focus on her signature block a 'gross abuse of power' and 'an affront to the separation of powers.'
- Bondi and Blanche argue that Judge Cameron McGowan Currie’s earlier order dismissing the Comey and Letitia James cases does not bar Halligan from acting as U.S. attorney or using the title, directly contesting Currie’s and Novak’s readings of her status.
January 12, 2026
9:24 PM
Deputy to Lindsey Halligan fired over James Comey case
New information:
- Robert McBride, the first assistant U.S. Attorney in the Eastern District of Virginia and the office’s second‑highest‑ranking prosecutor, was fired Monday after refusing to help lead DOJ’s prosecution of James Comey.
- McBride, a former longtime Eastern District of Kentucky prosecutor and Navy JAG, had only been in the EDVA No. 2 job for a few months after joining in the fall.
- Halligan secured indictments of Comey and New York AG Letitia James without participation from any career prosecutors, who sources say refused because the evidence was weak.
- A federal judge dismissed both indictments in November on the ground that Halligan was unlawfully appointed, and DOJ is appealing while having twice failed to re‑indict James and facing statute‑of‑limitations complications in the Comey case.
7:19 PM
Federal Prosecutor Is Fired Amid Further Turmoil in Comey Case
New information:
- Senior prosecutor Robert K. McBride, Halligan’s top deputy and first assistant U.S. attorney in the Eastern District of Virginia, was fired after he resisted simultaneously running the office and leading the Trump administration’s effort to re‑indict James Comey.
- DOJ leadership wanted McBride to take charge of restarting the Comey prosecution after Halligan’s appointment was ruled unlawful and her earlier Comey and Letitia James indictments were dismissed.
- A rival account from another source claims McBride was dismissed for allegedly meeting secretly with judges to lobby for Halligan’s job and for resisting immigration and drug cases tied to sanctuary‑city policies; DOJ leaders are said to have backed his firing.
- The story confirms that, despite the judge’s ruling against Halligan’s appointment, the Trump administration is actively trying to revive the Comey case rather than letting it die.
January 07, 2026
4:07 PM
Federal judge presses Lindsey Halligan on why she is using US attorney title
New information:
- Identifies the new three-page order from U.S. District Judge David Novak directing Lindsey Halligan to file within seven days a written explanation justifying her identification as U.S. attorney in a current indictment.
- Quotes Novak’s requirement that Halligan explain why her identification 'does not constitute a false or misleading statement' and why the title should not be struck from the indictment.
- Reiterates that Judge Cameron McGowan Currie’s November 24 ruling finding Halligan’s appointment unlawful is under appeal but has not been stayed, and thus remains binding on Novak’s court.
- Notes broader political context: Trump’s pressure on Senate Majority Leader John Thune to end the 'blue slip' tradition and cites Alina Habba’s December 8 resignation as U.S. attorney in New Jersey after a similar appeals court ruling that her appointment was unlawful.
2:14 PM
Judge orders Lindsey Halligan to explain why she keeps using U.S. attorney title
New information:
- Judge David Novak has formally ordered Lindsey Halligan to explain within seven days why she continues to identify herself as a U.S. attorney and why that does not constitute a false or misleading statement.
- Novak directed Halligan to provide reasons why the court should not strike her identification as United States attorney from a December indictment returned by a federal grand jury.
- The article details that after Judge Cameron Currie’s November ruling invalidating Halligan’s appointment, prosecutors in the Eastern District of Virginia were nevertheless instructed via internal email to keep listing her as both United States Attorney and Special United States Attorney on all pleadings, citing DOJ Office of Legal Counsel approval.
- Attorney General Pam Bondi issued an October order purporting to retroactively appoint Halligan as a special attorney effective Sept. 22, which Currie nonetheless found did not cure the appointment defects.
- Novak emphasizes that Currie’s decision remains binding precedent in the district because DOJ has appealed but has not sought a stay from the 4th Circuit.
- The piece recaps the timeline of Halligan’s appointment, Siebert’s departure, and her rapid pursuit of indictments against James Comey and New York AG Letitia James, which Currie has now ordered dismissed as flowing from a defective appointment.