Lindsey Halligan served a short stint as the acting US attorney for the Eastern District of Virginia. Her recent high-profile indictments of major political figures and the resulting legal quarrels surrounding her appointment have created a dramatic stir. Halligan, a Republican and supporter of former President Donald Trump, was appointed to the commission this past September. She took the seat vacated by Erik Siebert, who himself was removed for conflicts over evidence related to possible charges against New York Attorney General Letitia James.
During her tenure, Halligan was able to bring successful indictments against James and former FBI Director James Comey. Second, she alleged that Comey had lied to Congress in 2020 and that James had committed mortgage fraud. These indictments came to an unexpected stop when a federal judge ruled that Halligan’s appointment was illegal. The judge ordered her to show cause as to why she continues to style herself as the US attorney in court filings. He highlighted the fact that, unlike all other US attorneys, her position hasn’t been Senate-confirmed.
Federal law limits the time US attorneys can serve on an interim basis to 120 days. Beyond this initial window, district court judges gain the power to fill any chief prosecutor vacancy. Halligan’s appointment came after Siebert determined there was insufficient evidence to pursue charges against James, leading to speculation about the motivations behind Halligan’s actions.
Compounding the upheaval, Robert McBride, who had been appointed Halligan’s deputy, refused to prosecute Comey. His refusal led to his removal from office, which left an even more chaotic prosecutorial scene in Virginia.
Legal challenges around Halligan’s authority boiled over when a judge tossed out the cases against both Comey and James. One of the reasons for this decision was her ruling that declared her appointment illegal. This unfortunate development not only undermines the integrity of ongoing investigations, but the political ramifications associated with such high-profile, momentous indictments.