Politics January 20, 2026

U.S. Judge Orders Lindsey Halligan to Cease Use of 'U.S. Attorney' Title Amid Legal Contestations

Halligan’s Appointment Challenged in Court as Justice Department Faces Criticism Over Interim Tenure

By Avery Klein
U.S. Judge Orders Lindsey Halligan to Cease Use of 'U.S. Attorney' Title Amid Legal Contestations

Lindsey Halligan, a prosecutor closely linked to former President Donald Trump, is departing from the U.S. Justice Department following judicial rulings questioning the legality of her appointment as U.S. Attorney for the Eastern District of Virginia. A federal judge has ordered her to stop representing herself with the title, further complicating legal disputes tied to her tenure and cases pursued against Trump's political opponents.

Key Points

  • Lindsey Halligan’s role as U.S. Attorney for the Eastern District of Virginia ended amid legal rulings challenging her appointment’s legality.
  • Judge David Novak ordered Halligan to stop using the U.S. Attorney title, warning of disciplinary actions if she persists in court.
  • Halligan pursued cases against figures considered political adversaries of Trump, but those cases were dismissed due to questions surrounding her appointment.
  • Senate Democrats, leveraging the blue slip process, blocked Halligan’s Senate confirmation, preventing extension of her interim term beyond 120 days.

Lindsey Halligan, an attorney affiliated with former President Donald Trump, is set to leave her role at the U.S. Justice Department, Attorney General Pam Bondi announced on Tuesday. Halligan’s brief and contentious term as U.S. Attorney for the Eastern District of Virginia ended amid judicial investigations and criticism, following disputes over the validity of her appointment.

Bondi attributed Halligan's departure to opposition from Senate Democrats who blocked the renewal of her appointment. Halligan's position had been limited to a 120-day interim term, as she lacked Senate confirmation. A court previously found that this interim term concluded last year, raising questions about the legality of her continuing to serve.

On the same day, U.S. District Judge David Novak ordered Halligan to discontinue using the designation of the chief federal prosecutor for Virginia’s Eastern District in legal filings appearing before him. He suggested that continued use of this title by Halligan amounted to disregard for the court’s authority and valid orders. The Justice Department’s stance that her term might have extended beyond the 120 days was undermined by the fact that this period definitively ended on Tuesday.

Judge Novak, appointed by Trump during his first administration, criticized Halligan’s persistence in claiming the title, labeling her actions a "charade." He conveyed that such representations constituted false statements directly opposing court mandates. The judge further warned that disciplinary measures could be pursued against Halligan or any prosecutors who persist in this practice in his court.

Halligan was personally selected by Trump and had formerly served as his private attorney. In her role, she pursued investigations against high-profile figures including former FBI Director James Comey and New York Attorney General Letitia James, who were viewed as political opponents of Trump. However, a separate judge dismissed these cases on the grounds that Halligan’s appointment was unlawful, a ruling currently under appeal by the Justice Department.

The process to confirm Halligan's appointment was stalled by the two Democratic senators from Virginia, empowered by the Senate’s "blue slip" tradition, which effectively allows home-state senators to block judicial and prosecutorial nominations. AG Bondi accused these senators of weaponizing this tradition to block the continuation of Halligan’s appointment beyond her interim term.

Last week, the Justice Department submitted a filing in response to Novak’s questioning of Halligan’s appointment, characterizing the judge’s intervention as exceeding his jurisdiction. In his Tuesday ruling, Novak sharply rebuked the department’s submission, describing its tone as excessively hostile and better suited for cable news commentary than formal legal advocacy.

Meanwhile, the court’s chief judge has requested applications to appoint a successor U.S. Attorney in Halligan’s place. Deputy Attorney General Todd Blanche, however, implied via social media that former President Trump might dismiss any nominee selected by the court.

Risks

  • Ongoing legal disputes over Halligan’s appointment and case dismissals may lead to prolonged uncertainty and potential appeals impacting Justice Department operations.
  • The deadlock caused by the Senate’s blue slip process reflects political risks that could hinder the timely appointment of U.S. Attorneys, affecting federal prosecutorial effectiveness.
  • Potential conflicts between the Justice Department and judicial authorities, as seen in the criticism from Judge Novak, could complicate departmental proceedings and policy enforcement.

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