A Virginia judge appears to have gone through with the process of removing Lindsey Halligan, the Trump-appointed U.S. Attorney for the Eastern District of Virginia, after ruling that her appointment failed to follow correct procedure.
Halligan was first appointed by Attorney General Pam Bondi on September 22, 2025, under 28 U.S.C. § 546(a), which permits the Attorney General to designate an interim for up to 120 days. Halligan, who previously served as a White House senior associate staff secretary and lacked prior prosecutorial experience, replaced Erik Siebert in the role.
In November 2025, U.S. District Judge Cameron Currie ruled Halligan’s appointment unlawful. The court held that the Attorney General’s authority under § 546(a) allows only one 120-day interim appointment per vacancy, and the prior interim (Siebert) had exhausted that period. Currie further ruled that authority would then transfer to the district court, with the judge further ruling that Bondi’s designation of Halligan violated both the statute and the Appointments Clause of the Constitution.
The ruling led to the dismissal of criminal cases brought against former FBI Director James Comey and New York Attorney General Letitia James, as Halligan was the sole prosecutor who presented both cases to grand juries. This ruling resulted in the dismissal without prejudice of charges against both defendants, meaning that prosecutors can seek to bring charges again, though they have failed to do so thus far.
Comey faced a two-count indictment for making false statements to Congress and obstructing a congressional proceeding, while James was charged with bank fraud due to questionable filings on her mortgage application.
Despite the November ruling, Halligan continued to use the title “U.S. Attorney” in filings and office operations. On January 6 of this year, U.S. District Judge David Novak ordered her to explain this continued use. In an 18-page ruling issued on Tuesday — the day her 120-day term expired — Novak barred Halligan from representing herself as U.S. Attorney in any pleading or before the court until she holds the office lawfully through Senate confirmation or court appointment.
BREAKING
A federal judge STRIKES the words “United States Attorney” from Lindsey Halligan’s signature and warns that he will refer her to disciplinary proceedings if she persists in calling herself one.
Background https://t.co/a9IrGSy0PT pic.twitter.com/8lKFWJsAMA
— Adam Klasfeld (@KlasfeldReports) January 20, 2026
In a snarky opinion, Novak further stated that Halligan has “no legal basis” to continue and that further use “can only be described as a false statement made in direct defiance of valid court orders.” Novak described the defense’s filing as containing “a level of vitriol more appropriate for a cable news talk show” but declined immediate disciplinary proceedings, citing her inexperience as a prosecutor.
Separately, Chief District Judge M. Hannah Lauck issued an order stating Halligan “may not serve” beyond the 120-day limit and announced a vacancy for an interim U.S. Attorney in the district. The order was accompanied by a job posting on the district’s website.
Halligan has not been formally removed by executive action or resignation and has declined to step down, which set up the judicial interventions.
The Justice Department maintains her appointment was proper and has appealed the initial ruling.
Halligan attends a Women’s History event at the White House on March 26, 2025
Official White House Photo by Daniel Torok
President Trump has expressed frustration with Republican senators over the use of “blue slips,” a reference to the Senate procedure that can allow individual senators to stall or block judicial and U.S. attorney nominees from their home state.
This has allowed Democrat senators in blue states to block a number of critical U.S. attorney and judicial nominees.
