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Judge Gives Halligan Seven Days to Justify Using U.S. Attorney Title After Unlawful Appointment Ruling

The order underscores that the earlier decision voiding her appointment remains binding in the district absent a stay.

Overview

  • U.S. District Judge David J. Novak directed Lindsey Halligan to explain in writing within seven days why she identified herself as the Eastern District’s top prosecutor in a December 2 indictment.
  • He asked why the court should not strike that designation and why her statements are not false or misleading, signaling potential disciplinary consequences for professional misconduct.
  • Novak emphasized that Senior Judge Cameron McGowan Currie’s November ruling finding Halligan’s appointment unlawful—which led to the dismissal of the James Comey and Letitia James indictments—remains in effect during the Justice Department’s appeal.
  • CBS News reported that prosecutors were instructed to keep listing Halligan as “United States Attorney and Special United States Attorney,” citing Office of Legal Counsel guidance, even though no stay has been issued.
  • The White House has begun pursuing Senate confirmation for Halligan, as the contested appointment has disrupted EDVA operations and contributed to pauses in new filings and legal hurdles tied to the dismissed cases.