Trump-Appointed Prosecutor Halligan Ousted After Legal Battles Over Authority
A former White House aide with no prior prosecutorial experience, Lindsey Halligan, has been removed from her post as interim U.S. attorney for the Eastern District of Virginia following a series of legal challenges questioning the validity of her appointment. The fallout from the dispute has led to the dismissal of criminal cases against prominent figures including former FBI Director James Comey and New York Attorney General Letitia James.
Halligan’s appointment by President Trump on September 21, 2025, came just one day after the resignation of Erik Siebert, the district’s former acting U.S. attorney, who reportedly faced pressure from the administration to pursue charges against James, Comey, and others perceived as political adversaries. From the outset, Halligan’s authority was contested, with federal judges repeatedly asserting she lacked a legal basis to serve in the role.
Judges determined that Halligan’s predecessor, Siebert, had already exhausted the 120-day limit for an acting federal prosecutor. To legally hold the position, courts stipulated Halligan would need to be either Senate confirmed or appointed by a District Court. Halligan and U.S. Attorney General Pam Bondi vehemently disagreed with the courts’ interpretation, arguing in a recent filing that U.S. District Judge David J. Novak was “flat wrong” and exceeding his judicial authority.
Judge Novak responded forcefully on Tuesday, declaring that any attempt to circumvent the legal requirements for filling the prosecutor post would violate U.S. law and the Appointments Clause of the U.S. Constitution. “In short, this charade of Ms. Halligan masquerading as the United States Attorney for this District in direct defiance of binding court orders must come to an end,” Novak wrote. Bondi, in a post on X, attributed Halligan’s departure to obstruction from Senate Democrats and “multiple, unnecessary legal obstacles,” stating the 36-year-old Halligan “will continue to serve her country in other ways.”
Following Trump’s announcement of her appointment, Halligan swiftly secured indictments against both Comey and James, who both entered pleas of not guilty. Comey was charged with making false statements and obstructing a congressional proceeding related to his testimony before the Senate Judiciary Committee, while James faced charges of bank fraud and making a false statement. However, these indictments were ultimately set aside after U.S. District Judge Cameron McGowan Currie ruled Halligan’s appointment unlawful, citing her “defective appointment” and prominent role in the prosecutions.
The Eastern District of Virginia, headquartered in Alexandria, has historically been held by influential jurists, including future Supreme Court Chief Justice John Marshall. Halligan’s prior involvement in the Trump administration’s review of Smithsonian Institution museums – an effort to align their cultural messaging with the president’s agenda, as reported by NPR in November – further fueled questions about her impartiality.
The legal battle underscores the ongoing tensions between the executive branch and the judiciary, and raises questions about the appropriate use of presidential power in pursuing politically sensitive investigations. The dismissal of the cases against Comey and James represents a significant setback for the administration, and highlights the critical importance of adhering to established legal procedures in the pursuit of justice.
