Judge orders Lindsey Halligan to explain why she's still serving as U.S. attorney after previous ruling against her [View all]

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 Currie’s contrary ruling. She shall also set forth the reasons why this Court should not strike Ms. Halligan’s identification of herself as United States Attorney from the indictment in this matter.”

The judge’s 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