Lindsey Halligan, who served as an acting U.S. Attorney aligned closely with former President Donald Trump, is departing her position at the Justice Department, Attorney General Pam Bondi confirmed Tuesday. This marks the end of her controversial period as United States Attorney for the Eastern District of Virginia, a role secured without full Senate confirmation.
Bondi attributed Halligan’s departure to opposition from Senate Democrats, who declined to approve her nomination for the permanent position. Halligan was serving under a 120-day interim appointment, a temporary measure which a federal judge ruled ended last year, questioning the legality of her continued tenure. This interim term, even under the Justice Department's contested interpretation, definitively concluded on Tuesday.
On the same day, U.S. District Judge David Novak issued an order prohibiting Halligan from referring to herself as the leading federal prosecutor in Virginia’s Eastern District within any court filings before him. He characterized her ongoing use of the title as a "charade," signaling perceived noncompliance by the Justice Department with a court mandate deeming her appointment unlawful.
Judge Novak, himself appointed by Trump during his first term, threatened disciplinary action against Halligan or any other prosecutor who persisted in using the title in his courtroom. He wrote, "No matter all of her machinations, Ms. Halligan has no legal basis to represent to this Court that she holds the position. Any such representation going forward can only be described as a false statement made in direct defiance of valid court orders."
Halligan’s appointment was initially orchestrated by President Trump, positioning her to lead investigations against political foes including former FBI Director James Comey and New York Attorney General Letitia James. However, these cases were dismissed by a separate judge who ruled that Halligan’s appointment was unlawful. The Justice Department is currently appealing those dismissals.
The Trump administration awaited Senate consideration of Halligan’s permanent nomination. Yet, the longstanding Senate tradition called the "blue slip" process, particularly opposition from Virginia's Democratic senators, effectively prevented her confirmation. Attorney General Bondi stated, "Democratic Senators weaponized the blue slip process, making it impossible for Lindsey’s term as United States Attorney to continue following the expiration of her 120-day appointment."
Adding to the tension, the Justice Department responded in a recent legal filing with sharp criticism toward Judge Novak, accusing him of overstepping his jurisdiction in questioning Halligan’s appointment. Novak countered in his ruling, remarking that the department’s filing contained "a level of vitriol more appropriate for a cable-news talk show and falls far beneath the level of advocacy expected from litigants in this Court, particularly the Department of Justice."
Separately on Tuesday, the court’s chief judge began soliciting applications for a court-appointed successor to oversee the Eastern District of Virginia. Meanwhile, Deputy Attorney General Todd Blanche suggested via social media that President Trump might dismiss any replacement appointed by the court.