❓WHAT HAPPENED: A federal judge ordered prosecutor Lindsey Halligan to justify her continued use of the title of U.S. Attorney for the Eastern District of Virginia after her appointment to the role was ruled unlawful.
👤WHO WAS INVOLVED: Lindsey Halligan, U.S. District Court Judge David Novak, Judge Cameron McGowan Currie, and the Department of Justice.
📍WHEN & WHERE: The order was issued Tuesday for the Eastern District of Virginia, following a November ruling.
💬KEY QUOTE: “Consequently, it remains the binding precedent in this district and is not subject to being ignored,” wrote Judge Novak.
🎯IMPACT: Halligan has seven days to respond, and the court may consider disciplinary action for professional misconduct.
A federal judge has ordered Lindsey Halligan to explain her use of the title of U.S. Attorney for the Eastern District of Virginia, despite a prior court ruling that found her appointment to the position unconstitutional. U.S. District Court Judge David Novak—a Trump appointee—issued the order on Tuesday, giving Halligan seven days to provide a written explanation.
The controversy stems from a November 24 ruling by U.S. District Court Judge Cameron McGowan Currie, who determined that Halligan’s appointment violated the Appointments Clause of the U.S. Constitution. Although Judge Currie did not explicitly order Halligan’s removal, the U.S. Department of Justice (DOJ) has appealed the decision, which remains pending. Judge Novak, however, emphasized that the ruling is binding unless overturned.
In his order, Judge Novak wrote, “The Court hereby DIRECTS Ms. Halligan to file, within seven (7) days of the issuance of this Order, a pleading explaining the basis for Ms. Halligan’s identification of herself as the United States Attorney, notwithstanding Judge Currie’s contrary ruling. She shall also set forth the reasons why this Court should not strike Ms. Halligan’s identification of herself as United States Attorney from the indictment in this matter. Ms. Halligan shall further explain why her identification does not constitute a false or misleading statement.”
The dispute also involves Halligan’s role in high-profile cases, including indictments against former Federal Bureau of Investigation (FBI) Director James Comey and New York Attorney General Letitia James (D), which were dismissed after her appointment was ruled invalid. Halligan, who was previously part of President Donald J. Trump’s legal defense team, has faced scrutiny over her conduct in the role.
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