Federal judge orders Lindsey Halligan to explain US attorney title use

A federal judge on Tuesday ordered Lindsey Halligan to explain why she identified herself as the U.S. attorney for the Eastern District of Virginia in a criminal indictment, despite an earlier ruling that her appointment was illegal.

According to court documents reviewed by Fox News Digital, U.S. District Judge David Novak said in a three-page order that Halligan must file a written response within seven days justifying his use of the title and explaining why it should not be struck from the indictment.

“Ms. Halligan will further explain why her identification does not constitute a false or misleading statement,” Novak said.

Fox News Digital reached out to the U.S. Attorney’s Office for the Eastern District of Virginia for comment but did not immediately receive a response.

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Lindsey Halligan, special assistant to the president, speaks with a reporter outside the White House, Wednesday, Aug. 20, 2025, in Washington. (Jacquelyn Martin/AP)

President Donald Trump nominated Halligan to serve as acting U.S. Attorney for the Eastern District of Virginia following the resignation of Erik Siebert.

In November, a federal judge dismissed indictments from former FBI Director James Comey and New York Attorney General Letitia James, finding that Halligan was illegally appointed and therefore lacked the authority to bring charges.

Novak cited U.S. District Judge Cameron McGowan Currie’s Nov. 24 ruling in his order, noting that while it is under appeal, no stay has been issued, meaning it remains binding on the court.

Lindsey Halligan, attorney for U.S. President Donald Trump, holds a proclamation ceremony in the Oval Office of the White House in Washington, DC, March 6, 2025. (Al Drago/Bloomberg via Getty Images)

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Trump in a hurry Senate Majority Leader John Thune, R-S.D., dismantled the Senate’s “blue slip” tradition in December, arguing that the practice had allowed Democrats to block Republican nominees for judicial and U.S. attorneys.

“If they say no, then it’s OVER for this very qualified Republican candidate. Only a far-left Democrat can be endorsed. It’s shocking that Republicans, under the leadership of Senator Chuck G, are allowing this scam to continue. It’s so unfair to Republicans, and it’s unconstitutional,” Trump wrote on Truth Social.

Senate Majority Leader John Thune, R-S.D., is interviewed by Fox News Channel’s Bret Baier outside the West Wing of the White House, Monday, Sept. 29, 2025, in Washington. ((AP Photo/Alex Brandon))

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“I hereby call on Senate Majority Leader John Thune, a fantastic guy, to do something, ideally to end the Blue Slips. Too many GREAT REPUBLICANS are being SENT IN THE PACKAGE. None are approved!!!”

Alina Habba, another U.S. attorney appointed by Trump, announced Dec. 8 that she would step down as New Jersey’s top federal prosecutor after an appeals court ruled that she, too, illegally held the position.