A federal judge has directly asked Lindsey Halligan to explain why she is still pretending to be the U.S Attorney for the Eastern District of Virginia, even after another judge ruled her appointment unlawful.
U.S. District Judge David Novak, appointed by President Donald Trump, issued an order on Tuesday giving Halligan seven days to justify her title. He wants her to explain why it should not be removed from an indictment in a carjacking and bank robbery case. Novak made this unusual request on his own, which highlights the uncertainty surrounding Halligan’s job status.
The former beauty queen was made interim U.S. attorney for the Eastern District of Virginia in September 2025 by the Justice Department, acting at the direction of Trump and then-Attorney General Pam Bondi. She had previously served as Trump’s personal lawyer and had no experience as a federal prosecutor before taking the position.
But in November 2025, Senior District Judge Cameron McGowan Currie decided that Halligan’s appointment violated federal vacancy laws. The interim period allowed by law had expired, and she had not been confirmed by the Senate. Consequently, Currie dismissed criminal cases she brought against former FBI Director James Comey and New York Attorney General Letitia James, stating her actions were unlawful.
Currie’s ruling left Halligan’s title and role uncertain and the Department of Justice appealed the decision in December, but Novak noted that no court has paused Currie’s order, meaning it remains valid in the Eastern District of Virginia. Novak’s order asks Halligan to explain why she still identifies as U.S. attorney and why that identification should not be seen as a “false or misleading statement,” which could lead to professional discipline.
NEW: Trump-appointed federal judge orders Trump-appointed US Attorney Lindsey Halligan to explain why Halligan is still identifying herself as “US Attorney”
(Different judge found Halligan’s appointment unlawful)
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— Scott MacFarlane (@MacFarlaneNews) January 7, 2026
The situation has revealed tensions within the Justice Department and among federal judges. The DOJ has supported Halligan’s continued use of the title and argued that critics, including some judges, oppose her role. However, Novak’s request for an explanation highlights the legal questions surrounding her status.
Halligan’s short time in office has already been controversial in more ways than one. After taking the top job in the Eastern District of Virginia, she sought indictments against Comey and James. This led several career prosecutors within the office to leave, citing political pressure to pursue cases against Trump’s political opponents. Halligan’s appointment came after her predecessor resigned, reportedly because he did not want to pursue these politically charged prosecutions.
The judge’s order arrives at a sensitive time for the district’s office, which has faced scrutiny and had some criminal cases dismissed because of Halligan’s flawed appointment. Novak’s demand for answers and the possibility that Halligan may need to change how she identifies herself in official documents have put a spotlight on the larger issues of executive power, judicial independence, and what qualifies as a lawful hold on a powerful federal prosecutor’s role.
Halligan still appears in Justice Department listings as the top prosecutor for the Eastern District of Virginia, and the department has appealed Currie’s decision. However, Novak’s order now places that practice under direct judicial examination. Halligan and the DOJ must clarify, on record, why she still presents herself as the United States Attorney.
Halligan’s embarrassing blunders are endless, and now the DOJ has to explain to a Trump-appointed judge why she is still listed as the DOJ’s prosecutor.
