WASHINGTON — A federal judge has barred Trump loyalist Lindsey Halligan from "masquerading" as the top federal prosecutor in the Eastern District of Virginia, but said he would allow her to avoid attorney disciplinary proceedings for now "in light of her inexperience."
U.S. District Judge David Novakissued an orderthat bars "Ms. Halligan from representing herself as the United States Attorney in any pleading or otherwise before this Court until such time as she may lawfully hold the office either by Senate confirmation or appointment by this Court... should either occur."
Novak warned that Halligan would face disciplinary referrals if she continued to improperly refer to herself as the United States Attorney. Ajudge ruled in November that Halliganwas unlawfully serving in the role, though the Justice Department has appealed that ruling.
"The Court recognizes that Ms. Halligan lacks the prosecutorial experience that has long been the norm for those nominated to the position of United States Attorney in this District," he wrote. "Consequently, and in light of her inexperience, the Court grants Ms. Halligan the benefit of the doubt and refrains from referring her for further investigation and disciplinary action regarding her misrepresentations to this Court at this time."
The move came the same day as the chief federal judge in the Eastern District of Virginia posted a job opening for a top federal prosecutor position previously occupied by Halligan.
Chief Judge M. Hannah Lauckentered an orderon Tuesday ordering the clerk of the court to post avacancy announcement, soliciting applications from attorneys interested in filling the position of Interim U.S. Attorney for the Eastern District of Virginia.
"In the exercise of the authority conferred by 28 U.S.C. § 546(d) to appoint an Interim United States Attorney for the Eastern District of Virginia until the position is filled by a Senate confirmed person, the Court is soliciting expressions of interest in serving in that position," the order read.
Under the law, when the position is vacant — as the chief judge declared it was — the court can "appoint a United States Attorney to serve until the vacancy is filled" by a Senate-confirmed candidate. The application deadline is listed as Feb. 10, 2026.
A judge ruled in November that Halliganwas unlawfully serving in the roleand dismissed cases against former FBI Director James Comey and New York Attorney General Letitia James. After President Donald Trump urged Attorney General Pam Bondi to prosecute James and Comey, frequent targets of the president's ire, Halligan— who had no prior prosecutorial experience — presented the cases against them to federal grand jurors.
Last month, the Trump administrationtried and failedto indict James on mortgage-related charges after the Halligan-led case was dismissed.Then they failed yet again, a remarkable rebuke from federal grand jurors, who typically side with prosecutors who need only show probable cause, a much lower threshold than the "beyond a reasonable doubt" standard needed to secure a conviction at trial.
Last week, a top attorney in the Eastern District of Virginiawas fired amid a dispute over whether he would head up an effort to re-indict Comey. Any attempt to re-indict Comey in connection with congressional testimony from September 2020 will face further litigation over whether the prosecution is lawful, given that the five-year statute of limitations has now passed.
Halligan was nominated for the position for a second time on Jan. 13, but the Senate has not yet moved forward with confirming her nomination.
As recently as last week, the Justice Department referred to Halligan as "United States Attorney and Special Attorney" in the Eastern District of Virginia.
"It is the United States' position that Ms. Halligan was properly appointed as interim United States Attorney — a position the United States has maintained in part based on internal legal advice from the Department of Justice's Office of Legal Counsel,"the Justice Department saidafter Novakordered Halligan to explain why she was still serving in the position.
U.S. Attorney's Office for the Eastern District of Virginia declined comment. Halligan did not immediately provide a comment.
White House spokeswoman Abigail Jackson said that Attorney General Pam Bondi had "lawfully appointed Lindsey Halligan as the interim U.S. attorney for the Eastern District of Virginia," and said the Trump Administration "has every confidence in its U.S. attorneys."
Deputy Attorney General Todd Blanche suggestedin a post on Xthat Trump would simply fire any court-appointed U.S. Attorney.
