U.S. attorney pretender Lindsey Halligan leaves office after federal judges force her out

Lindsey Halligan, the loyalist President Donald Trump handpicked to prosecute his political enemies last year, has stepped down as the top federal prosecutor in eastern Virginia more than a month after she was formally disqualified from the position. 

Attorney General Pam Bondi announced Halligan’s exit Tuesday evening in a message on social media that decried “serious obstacles” to the president’s ability to to make law enforcement appointments.

In fact, Halligan’s departure marked the culmination of a tumultuous, error-prone and legally illegitimate four-month stint as interim U.S. attorney for the Eastern District of Virginia. It also followed a pair of extraordinary moves from federal judges in the district.

Halligan left the post after a Trump-appointed judge rebuked her for continuing to refer to herself as a U.S. attorney following her disqualification, accusing her of ignoring court orders and undermining the rule of law. Separately, a federal judge also moved to formally strip Halligan of the title.

In September, Trump tapped Halligan, his former personal lawyer who had no prosecutorial experience, for a 120-day term as interim U.S. attorney shortly after he publicly ordered Bondi to target his political enemies more aggressively.

Just days after being sworn in, Halligan brought criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, two of Trump’s long-time foes. However, both Comey and James challenged the charges by arguing Halligan’s appointment was illegal.

U.S. District Judge Cameron Currie, who was assigned to review Comey’s and James’ arguments, concluded in November that Trump and Bondi circumvented federal vacancy laws and the Constitution in appointing Halligan.

Currie declared that the indictments against Comey and James could not stand because Halligan had been unlawfully serving as a temporary U.S. attorney when she brought the cases.

Though Currie essentially disqualified her from the role, Halligan and the DOJ for weeks continued to insist she was the top federal prosecutor in eastern Virginia — often dropping “acting” or “interim” from her title even though she was never confirmed by the Senate or federal judges.

Frustrated by Halligan’s continued claim to the post, judges started taking action against her. Some struck her name from documents or added asterisks referring readers to the unlawful appointment ruling against her. One even asked why she didn’t resign.

Earlier this month, U.S. District Judge David Novak, who Trump appointed during his first term, ordered Halligan to explain how her continued identification as a U.S. attorney didn’t amount to making false statements to a court.

In a remarkably defiant filing co-signed by Bondi and Deputy Attorney General Blanche, Halligan shot back by accusing Novak of abusing his power in questioning her authority.

In an order Tuesday, Novak had the final say. “The Court cannot tolerate such obstinance, because doing so would undermine the very essence of the Rule of Law,” he wrote.

Hours before Novak’s order, M. Hannah Lauck, the chief judge of the Eastern District of Virginia, declared the district’s U.S. attorney title vacant because Halligan’s 120-day stint ended Tuesday despite attempts by Trump to extend it.

Lauck added that federal vacancy laws now gave judges in the district the authority to appoint Halligan’s replacement and asked for qualified attorneys to submit applications for the position.

While announcing Halligan’s exit on social media, Bondi accused Virginia’s two Democratic senators — Mark Warner and Tim Kaine — of having “weaponized” the Senate’s longstanding blue slip tradition. Used by both Republicans and Democrats, so-called blue slips allow senators to object to nominees for district courts and U.S. attorney positions in their home states.

“The circumstances that led to this outcome are deeply misguided,” Bondi said in her announcement. “We are living in a time when a democratically elected President’s ability to staff key law enforcement positions faces serious obstacles. The Department of Justice will continue to seek review of decisions like this that hinder our ability to keep the American people safe.”

On social media Tuesday, Deputy Attorney General Blanche implied that Trump would fire whomever the judges appoint to replace Halligan and put his own pick back in the job.

“It’s guaranteed that the President gets to pick his U.S. attorneys,” Blanche wrote.