Judge orders Lindsey Halligan to explain why she's still serving as U.S. attorney after previous ruling against her
Source: NBC News
Jan. 6, 2026, 10:23 PM EST
A federal judge Tuesday ordered Trump ally Lindsey Halligan to explain why she continues to call herself the U.S. attorney for the Eastern District of Virginia even though another judge determined in November that she had been unlawfully appointed to the position.
U.S. District Judge David Novak of Richmond issued a three-page order demanding to know why Halligan is still serving in the post. Halligan, who unsuccessfully prosecuted former FBI Direct James Comey and New York Attorney General Letitia James, is also referred to as U.S. attorney by the Justice Department in official documents. The judge's order is unusual because he issued it on his own, not at the request of defense attorneys. It came in a case involving a carjacking and attempted bank robbery suspect who was indicted last month.
Novak gave Halligan seven days to respond in writing explaining the basis for ... identification of herself as the United States Attorney, notwithstanding Judge Curries contrary ruling. She shall also set forth the reasons why this Court should not strike Ms. Halligans identification of herself as United States Attorney from the indictment in this matter.
The judges order goes on to say Halligan "shall further explain why her identification does not constitute a false or misleading statement." Novak also alluded to potential disciplinary action and demanded that Halligan sign her response.
Read more: https://www.nbcnews.com/politics/justice-department/lindsey-halligan-ordered-explain-us-attorney-despite-ruling-against-he-rcna252717
Link to ORDER (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.vaed.586310/gov.uscourts.vaed.586310.16.0.pdf
bucolic_frolic
(54,076 posts)There's a conspiracy afoot to keep her in that position with or without title and legality.
orangecrush
(28,543 posts)Ray Bruns
(5,985 posts)Will not suffice as an explanation.
OldBaldy1701E
(10,225 posts)Make her do it from a jail cell damn it, because it does 'constitute a false or misleading statement'!
There is no reason to be so afraid of making any of those animals obey the law.
Unless the whole 'laws of the land' thing was a biased sham to begin with, eh?
Joinfortmill
(20,128 posts)I keep thanking God that the founding fathers kept this in mind when establishing States' Rights, or we'd be in an even worse mess - at least in some States. Sigh.
bluedigger
(17,401 posts)Thanks, taxpayers!
BootinUp
(50,963 posts)moniss
(8,756 posts)appeals is immediately defeated by the fact of not allowing various federal workers or agencies to continue in place while they appealed the efforts to terminate them. It is a long standing legal principle that you don't get to argue diametrically opposed positions in court. Yes I know normal practice doesn't prevent these fascists from doing so but if the judges are being true then they should immediately throw out the government argument and chastise them for arguing in this fashion.
There is a specific legal term for trying to argue in this way but I forget. Basically you don't get to argue a position that would negate your first argument at the same time you are asking the court and the other side to respond to your first argument. Just imagine if that were the case you could have this never ending daisy chain.
maxsolomon
(38,206 posts)is a long-standing Trump principle.
moniss
(8,756 posts)what the judges should automatically do with the DOJ argument and the basis for them to do so.
area51
(12,572 posts)Simple answer: because she can. Laws are for the poors.