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Judge Demands Explanation for Continued Use of “U.S. Attorney” Title After Appointment Deemed Unlawful
Richmond, VA – A federal judge has ordered Lindsey Halligan, President Donald Trump’s initial choice for U.S. Attorney for the Eastern District of Virginia, to explain why she continues to use the title despite her appointment being declared unlawful.
The directive from U.S. District Judge David Novak, issued Tuesday, gives Halligan seven days to provide a justification for her ongoing use of the title, particularly in official court documents.
Judge Novak expressed concerns that Halligan’s continued use of the U.S. Attorney title could constitute false or misleading statements, a serious offense within the legal system that can lead to penalties including perjury charges, fines, and even imprisonment.
Halligan, a staunch supporter of President Trump, was initially selected for the Eastern District of Virginia role last year. However, a federal judge subsequently ruled that the Department of Justice’s appointment of Halligan was illegal and prohibited her from assuming the position.
In a November ruling, U.S. District Judge Cameron Currie determined that Halligan was never eligible for the U.S.
Attorney position. The appointment process bypassed the standard procedure, which typically includes Senate confirmation.
Furthermore, Halligan lacks prior experience as a prosecutor.
Despite this clear ruling, the Department of Justice has allowed Halligan to remain in office.
Judge Novak emphasized on Tuesday that Halligan and the Justice Department cannot disregard the standing judicial decision. “It remains the binding precedent in this district and is not subject to being ignored,” Novak stated in his order.
Prior to Halligan’s appointment, Erik Siebert served as the acting U.S. Attorney for the Eastern District of Virginia. Siebert resigned in September after reportedly refusing to prosecute New York Attorney General Letitia James.
Following her controversial appointment, Halligan filed charges against both Attorney General James and former FBI Director James Comey, who had investigated Trump’s connections to Russia during his first term. Both cases were ultimately dismissed after Judge Currie’s ruling invalidated Halligan’s qualification for the U.S. Attorney role.