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In a significant development, two Virginia judges have issued rulings against the Trump administration’s attempt to maintain a loyalist in a prominent federal prosecutor’s role within the state. On Tuesday, the judges took decisive action to challenge Lindsey Halligan’s continued presence in the position, with one judge actively seeking her replacement and the other prohibiting her from representing herself as a United States attorney in his courtroom.
These rulings represent a new chapter in the ongoing confrontation between the Trump administration and the federal judiciary concerning the legitimacy of Halligan’s appointment. Despite lacking prior prosecutorial experience, Halligan was appointed by President Donald Trump in September. However, her appointment was deemed illegal by a judge just two months later. The administration has nevertheless allowed her to remain in her position, prompting these recent judicial responses.
Across the nation, similar scenarios have played out, with judges rejecting Trump administration attempts to appoint acting prosecutors without adhering to standard procedures. On Tuesday, the Virginia judges underscored their stance that Halligan’s tenure should conclude.
In a notable order, M. Hannah Lauck, the chief judge of the Eastern District of Virginia and an Obama appointee, instructed a court clerk to announce a vacancy for Halligan’s position both online and through the media. She expressed her intention to seek candidates interested in the role, emphasizing that Halligan’s 120-day appointment, which was never confirmed by the Senate, was set to expire.
Meanwhile, U.S. District Judge David Novak took further action by removing the title “United States Attorney” from Halligan’s designation in a legal indictment he was overseeing. He also barred her from continuing to use this title in court. Judge Novak warned of potential disciplinary action against Halligan if she disregarded his directive, and indicated that other individuals involved could face similar consequences.
“No matter all of her machinations, Ms. Halligan has no legal basis to represent to this Court that she holds the position. And any such representation going forward can only be described as a false statement made in direct defiance of valid court orders,” Novak wrote. “In short, this charade of Ms. Halligan masquerading as the United States Attorney for this District in direct defiance of binding court orders must come to an end.”
The order from Novak, who was appointed to the bench by Trump during the Republican president’s first term in office, followed a defiant filing from Attorney General Pam Bondi and Deputy Attorney General Todd Blanche in which they stood behind Halligan’s authority and accused the judge of abusing his power by demanding that Halligan publicly explain why she continues to identify herself as a U.S. attorney.
“Ms. Halligan’s response, in which she was joined by both the Attorney General and the Deputy Attorney General, contains a level of vitriol more appropriate for a cable news talk show and falls far beneath the level of advocacy expected from litigants in this Court, particularly the Department of Justice,” Novak wrote.
“The Court will not engage in a similar tit-for-tat and will instead analyze the few points that Ms. Halligan offers to justify her continued identification of her position as United States Attorney before the Court,” he added.
Halligan was named to the job on an acting basis in September after the Trump administration effectively forced out veteran prosecutor Erik Siebert amid pressure to bring charges against two of Trump’s political foes, former FBI Director James Comey and New York Attorney General.
Halligan secured the indictment but the win was short-lived. In November, U.S. District Judge Cameron McGowan Currie ruled that Halligan was illegally appointed as an acting U.S. attorney.
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