Judge Prohibits Lindsey Halligan from Using U.S. Attorney Title

A federal judge has issued a ruling that prohibits Lindsey Halligan from using the title “U.S. attorney” in any official court documents. The decision stems from a binding court order that disqualified her from holding the position last year.

Judge’s Ruling Against Halligan

In an 18-page ruling on Tuesday, U.S. District Judge David Novak, based in Richmond, Virginia, stated that Halligan’s identification as the United States Attorney for her district is not permissible. He warned that disciplinary actions could follow if she continued to use this improper title.

Background of the Case

Halligan’s issues began after Judge Cameron Currie determined last November that her appointment as interim U.S. attorney for the Eastern District of Virginia was unconstitutional. This decision invalidated her appointment and led to the dismissal of cases she filed against former FBI Director James Comey and New York Attorney General Letitia James.

Justice Department’s Stance

• The Justice Department had previously defended Halligan’s use of the title, describing Judge Novak’s actions as an overreach.
• However, on the same day as the ruling, the Justice Department instructed its attorneys to cease referring to Halligan as U.S. attorney and to instead use the title special attorney.

Halligan arose to her interim position on September 22, under a statute allowing an interim U.S. attorney to serve for a maximum of 120 days, with an option for extension granted by regional federal judges. Judge Novak noted that Halligan’s appointed period has now expired.

Novak’s Criticism on Procedures

In his judgment, Novak critiqued the Justice Department’s response to his order, citing an inappropriate tone that lacks professionalism. He expressed disbelief that the Department would deliberately ignore court directives while prosecuting others for legal infractions.

Future Implications

Following the ruling, Halligan remains without a confirmed position, as neither of Virginia’s Democratic senators have supported her nomination. The chief federal judge of the Eastern District of Virginia has announced the search for a replacement for Halligan.

Halligan’s past includes serving as a legal advisor for President Trump and contributing to his White House administration. Her brief tenure and lack of prosecutorial experience were noted by Judge Novak, who opted not to refer her for further disciplinary action regarding her misstatements at this time.

The ruling reflects ongoing tensions within the Justice Department and raises questions about the adherence to judicial orders by federal officials.