> At a Glance
> – Judge David Novak demands Lindsey Halligan explain why she still calls herself US Attorney for Eastern District of Virginia
> – A November ruling declared her appointment unlawful; appeal has not paused the order
> – Halligan has 7 days to respond or face possible disciplinary action
> – Why it matters: The dispute could invalidate ongoing prosecutions and reshape how the Justice Department fills top posts
A federal judge is demanding answers from Lindsey Halligan, President Trump’s ally and self-described U.S. attorney, after a colleague ruled her appointment unconstitutional. The new order spotlights a growing courtroom divide over who can legally serve as the top federal prosecutor in the Eastern District of Virginia.
Novak’s Rare Move
In a three-page order issued Tuesday, Judge David Novak acted on his own-no defense lawyer asked-to force Halligan to defend her title. He wants a signed, written explanation within seven days.
> Halligan must “explain the basis for … identification of herself as the United States Attorney, notwithstanding Judge Currie’s contrary ruling.”
Novak warned that continuing to use the title could be a false or misleading statement and hinted at disciplinary consequences if her response falls short.
Fallout From Currie’s Ruling
Last November, Judge Cameron McGowan Currie held the Justice Department violated the Constitution when it installed Halligan. Key decisions tied to her tenure collapsed:
- Criminal case against former FBI Director James Comey dismissed
- Case against New York Attorney General Letitia James also tossed
- All actions “flowing from Ms. Halligan’s defective appointment” deemed unlawful
Although the ruling is on appeal, Novak stressed it remains binding because no higher court has paused it.
Ripple Effects in the Courthouse
Other judges have shown their irritation:
- One now prints an asterisk next to Halligan’s name on every filing
- Footnotes cite Currie’s November decision
- Halligan’s signature still appears on the latest carjacking and attempted bank robbery indictment
The Justice Department continues to list her as U.S. attorney in official papers, deepening the confusion.
| Date | Action | Outcome |
|---|---|---|
| Nov 2024 | Currie rules appointment unlawful | Comey & James cases dismissed |
| Mar 2025 | Novak orders explanation | 7-day deadline |
| Appeal | Pending | No stay issued |
The U.S. attorney’s office offered no comment Tuesday night.
Key Takeaways
- Halligan’s authority is under active judicial attack
- Novak’s order could set district-wide precedent if upheld
- Ongoing prosecutions risk fresh dismissal motions
- The Justice Department faces pressure to clarify its succession plan
With the clock ticking, Halligan must convince a skeptical bench that her title is legitimate-or risk further court sanctions and more unraveling cases.
