Federal Judge Gives Trump Loyalist 7 Days to Justify Using U.S. Attorney Title
A federal judge has formally ordered Trump loyalist Lindsey Halligan to explain why she continues to claim the title U.S. Attorney for the Eastern District of Virginia, even after her appointment was ruled unlawful.
The order, issued by U.S. District Judge David J. Novak, matters because Halligan’s continued use of the title in court filings has now triggered direct judicial scrutiny, raising questions about legal authority and possible false statements to the court.
Judge Novak, himself a Trump appointee, gave Halligan seven days to file a written explanation justifying why she still identifies as the district’s top federal prosecutor and why that title should not be removed from an indictment she signed. Novak also wants Halligan to address whether her use of the title could be misleading.
The dispute stems from a November 2025 ruling by another federal judge that Halligan’s appointment was unlawful because it violated the Federal Vacancies Reform Act and the Constitution’s appointments clause. That determination led to the dismissal of her indictments against former FBI Director James Comey and New York Attorney General Letitia James.
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Despite that judgment, the Justice Department which is appealing the unlawful appointment ruling has continued to identify Halligan as U.S. Attorney in official filings, sometimes omitting “acting” or “interim.”
Halligan’s position has drawn criticism from federal judges in multiple cases who have either removed her name from filings or added notes about the unlawful appointment. Novak’s order represents the first formal demand for Halligan herself to defend her use of the title.
Legal experts say the outcome could influence how future interim appointments are handled and whether the DOJ can continue to defend controversial placements without Senate confirmation. Appeals in the underlying appointment case are ongoing, and Halligan’s written response is now expected within a week.
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