Judge Orders Halligan to Justify Her Use of US Attorney Title

A Trump-appointed federal judge demanded Eastern Virginia’s top prosecutor Lindsey Halligan explain the validity of her continued self-identification as US attorney after another judge found she was illegally appointed.

The Tuesday night order gave Halligan, who’s advanced President Donald Trump’s directives to target his perceived enemies, seven days to file a pleading that justifies why the court shouldn’t strike her title from indictments and explains “why her identification does not constitute a false or misleading statement.”

The mandate from US District Judge David J. Novak, a former criminal chief in the Eastern Virginia US attorney’s office whom Trump nominated in 2019, may escalate a standoff between the Justice Department and federal judiciary over the legality of installing Halligan, previously an insurance lawyer and White House aide.

A separate court tossed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James (D) in November by ruling that Halligan was invalidly serving as interim US attorney. Trump hand-picked her for the post after his first choice was forced to resign for refusing to indict Comey and James.

DOJ subsequently told prosecutors in her office that they must continue referring to Halligan as US attorney in their court filings, citing advice from the department’s Office of Legal Counsel.

Following media reports of judges criticizing the Alexandria, Va.-based office for continuing to call Halligan US attorney in filings, Attorney General Pam Bondi and Deputy Attorney General Todd Blanche posted a joint statement on X accusing the judges of “engaging in an unconscionable campaign of bias and hostility.”

Novak has issued identical orders for Halligan to submit her response as part of at least two criminal proceedings—both indictments from late last year.

The case is USA v. Jefferson, E.D. Va., No. 3:25-cr-00160, order 1/6/26.