January 7, 2026

In an unprecedented legal twist, Lindsey Halligan, an insurance lawyer with no official appointment, continues to identify herself as the U.S. Attorney for the Eastern District of Virginia. This bold claim has caught the attention of Judge David Novak, who has issued a stern directive demanding Halligan explain her rationale for continuing to assume this high-profile role unlawfully.
The controversy began when the Trump administration made attempts to install Halligan as U.S. Attorney, a move blocked by legal stipulations limiting presidential authority to make interim appointments without Senate confirmation. According to 28 USC § 546, after one interim appointment, any further appointment to the position of U.S. Attorney in a federal district must be either Senate-confirmed or filled by a judicially instated placeholder. Halligan's predecessor, Erik Seibert, was ousted for not prosecuting political adversaries as demanded by then-President Trump, exhausting the interim appointment option.
Despite a clear ruling from Judge Cameron Currie, stating Halligan does not legally hold the position, she has continued to sign off on legal indictments. This has prompted Judge Novak to intervene, ordering Halligan to submit a detailed explanation within seven days, defending her continued self-identification as U.S. Attorney and clarifying why such identification should not be deemed false or misleading.
This situation not only raises significant legal and ethical questions but also underscores the tensions between presidential powers and judicial oversight. The court's demand for clarity from Halligan aims to address these concerns head-on, ensuring the integrity of the judicial system remains intact.
Legal experts and observers are now keenly watching this case, as it may set important precedents regarding the limits of executive influence over U.S. Attorney appointments and the robustness of judicial checks in such matters. Halligan's response to Judge Novak's order could potentially influence future appointments and reshape the understanding of authority within the U.S. legal system.
Readers can access the full court order and further details on this developing story through the official document linked below.
[Read the Full Court Order Here](https://abovethelaw.com/wp-content/uploads/sites/4/2026/01/gov.uscourts.vaed_.586310.16.0.pdf)
The unfolding scenario promises significant implications for the balance of power within the federal government and the enforcement of legal standards in the appointment of key judicial figures.