November 13, 2025

In a high-stakes legal battle, Lindsey Halligan, Donald Trump's insurance lawyer, is set to defend her position as the interim US Attorney in the Eastern District of Virginia this Thursday. The courtroom drama not only questions her temporary appointment but also the validity of the indictments she pursued against James Comey and Letitia James, making this potentially her last act in this role.
The appointment of Halligan followed a contentious path laid out by Attorney General Pam Bondi, involving a series of maneuvers dubbed as the "Three Hat Dance." These steps included appointing MAGA-aligned cronies to top prosecutorial positions using temporary measures to bypass Senate confirmation, a strategy that has faced legal challenges in multiple federal courts. Critics argue that such tactics undermine the Senate's role in confirming US Attorneys, questioning the legality of the subsequent indictments filed under such appointments.
On September 22, Pam Bondi appointed Halligan as interim US Attorney under 28 USC § 546, which traditionally allows for a 120-day temporary appointment. However, this move drew criticism and legal challenges, as it appeared to flout a previous federal ruling limiting such interim appointments. Moreover, Halligan's role in the Comey and James cases has come under scrutiny since she was the only lawyer from the Eastern District of Virginia involved in these high-profile indictments.
In what has been described as a "Hot Tub Time Machine DOJ" tactic, Bondi attempted to retroactively legitimize Halligan's position by designating her as a special attorney under various USC sections "as of September 22." This was seen as an attempt to preemptively address any legal challenges to the indictments. However, this move has been met with skepticism and derision from legal experts and the defense teams of Comey and James, who argue that such retroactive appointments are not legally tenable.
The legal entanglements do not stop there. Both Comey and James have filed motions to dismiss the indictments, citing the questionable legal standing of Halligan's appointment. Their lawyers argue that no amount of legal retrofitting can change the fact that at the time of the indictments, Halligan did not have the proper authority to act on behalf of the United States.
Today, Judge Cameron McGowan Currie is expected to review these complex issues, including an in camera review of grand jury transcripts that may reveal further irregularities in Halligan's conduct during the indictment process. This case not only challenges the individual indictments but also puts a spotlight on the broader implications of political influence and legal maneuvering within the U.S. judicial system.
Regardless of the outcome, Halligan faces additional repercussions, as the Campaign for Accountability has filed complaints with the Florida and Virginia bars over potential violations of professional conduct linked to these proceedings. This case continues to unfold, with significant implications for the involved parties and the integrity of legal appointments and prosecutorial authority in politically sensitive cases.