> At a Glance
> – Federal judge David Novak demands Lindsey Halligan explain why she still calls herself U.S. attorney for Virginia’s Eastern District
> – A November ruling by Judge Cameron Currie found her appointment unconstitutional and voided two high-profile prosecutions
> – Novak gave Halligan seven days to file a signed response or risk sanctions and being struck from a new indictment
> – Why it matters: Courts are policing executive appointments; Halligan’s status affects live cases and could spur disciplinary review
A Richmond federal judge has turned up the heat on Lindsey Halligan, President Trump’s ally who continues to act as the top federal prosecutor for Eastern Virginia despite a court ruling that her appointment was unlawful.
Novak’s Rare Order
U.S. District Judge David Novak issued a three-page directive on his own motion-no defense lawyer asked for it-after noticing Halligan identified herself as U.S. attorney in a fresh carjacking and attempted bank-robbery indictment.
Novak wants a sworn filing within seven days that:
- Explains the legal basis for her title
- Shows why ignoring Judge Currie’s November decision is justified
- Details why the identification “does not constitute a false or misleading statement”
Fallout From Currie’s Ruling
Last November, U.S. District Judge Cameron McGowan Currie ruled the Justice Department violated the Constitution when it installed Halligan. That finding:
- Nixed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James
- Labeled every action Halligan took-signing indictments, appearing in court-an “unlawful exercise of executive power”
Although DOJ appealed, Novak said the order is binding precedent inside the district because no higher court has paused it.
Bench Frustration Grows
Halligan’s status has irritated multiple judges:
- One now prints an asterisk beside her name on every filing and cites Currie’s ruling
- Novak warned continued use of the title could trigger disciplinary referral
The U.S. attorney’s office did not respond to a request for comment Tuesday night.
Timeline of Key Events
| Date | Action |
|---|---|
| Nov 2024 | Judge Currie voids Halligan’s appointment |
| Dec 2024 | DOJ appeals Currie’s ruling (no stay issued) |
| Mar 2025 | New grand jury indictment lists Halligan as U.S. attorney |
| Apr 1 2025 | Judge Novak orders her to justify continued use of title |
Key Takeaways
- A sitting federal judge has labeled Halligan’s appointment unconstitutional, voiding two major prosecutions
- Judge Novak’s self-initiated order signals growing judicial impatience
- Halligan faces potential professional sanctions if she cannot defend her title
- The episode highlights courts’ willingness to police executive-branch appointments
With her response due next week, Halligan must persuade the Richmond bench that she can still speak for federal prosecutors-or risk further courtroom fallout.
