Overview
- U.S. District Judge David J. Novak directed Lindsey Halligan to explain her self-identification as U.S. attorney and why that designation should not be struck from a December 2 indictment.
- Novak warned that continuing to use the title could be a false or misleading statement subject to professional discipline and required a signed response within seven days.
- Senior Judge Cameron McGowan Currie previously held that Halligan’s interim appointment violated the Appointments Clause and federal vacancy law, leading to dismissals of the James Comey and Letitia James cases.
- Although the Justice Department has appealed, no stay has issued, and Novak emphasized that Currie’s decision is binding precedent in the Eastern District of Virginia.
- After Currie’s ruling, DOJ directed prosecutors to keep Halligan’s title on filings—sometimes as both “United States Attorney” and “Special United States Attorney”—citing internal approvals and an order by Attorney General Pam Bondi purporting to retroactively appoint her, while the White House moved to seek Senate confirmation.