Tampa-born Lindsey Halligan recently resigned from that role, having served as interim US attorney for the Eastern District of Virginia. She became the target of withering scrutiny and stinging rebuke from federal judges. Halligan, sworn in for the position in September, had her work cut out for her. Her inexperience as a prosecutor and challenges to her appointment’s legality presented significant obstacles.
Halligan’s tenure began under contentious circumstances. Her appointment was announced as unlawful. This was only possible because her predecessor had already exceeded the 120-day limit, as US attorneys are not supposed to serve in violation of federal regulations. It wasn’t obvious that federal judges in the district had sole jurisdiction to fill the seat. Halligan herself was not in possession of this power. Consequently, her powers and authority were stripped from her by forbidding her from further pretending to serve as the U.S. attorney.
In a hostile environment for the office, Halligan nonetheless led major indictments against big targets like Letitia James and James Comey. The indictments were seen by many as politically motivated, and a judge dismissed the cases against both men in November. The decision strongly established that Halligan did not have the legal power to issue the indictments. Her appointment was found to be unlawful, rendering all of her actions unconstitutional.
Judicial torture began as several judges lost faith in Halligan’s capacity to legally continue in office. One judge did so pretty emphatically. No matter how hard she tries, Ms. Halligan has no legal basis to argue that she occupies the seat on this Court. Any such representation subsequently made would be an untrue statement of material fact. That will mean directly thumbing its nose at valid court orders. This very sentiment was indicative of a broader, and seemingly misplaced, concern about the legitimacy of the actions and decisions she made in her short time in office.
In light of these developments, Halligan’s departure was announced by Attorney General Pam Bondi, who remarked, “The circumstances that led to this outcome are deeply misguided.” The announcement signaled a significant shift in the leadership of the US attorney’s office, following a period marked by escalating scrutiny of Halligan’s qualifications and decisions.
Halligan’s previous work as personal attorney to former President Donald Trump may have played a role in the controversy over her confirmation. What she’s done since then has ignited even more controversy. She is departing her current role at the US Justice Department. Now, there are huge questions about what her brief tenure suggests for the future of prosecution efforts in the Eastern District of Virginia.