Federal Judges Rebuke DOJ Over Continued Use of Lindsey Halligan’s Name on Court Filings

Federal Judges Push Back After Court Rules Lindsey Halligan Is Not U.S. Attorney

Federal judges in Alexandria, Virginia, have sharply criticized the U.S. Department of Justice for continuing to list Lindsey Halligan on criminal court filings after a district court ruled she was not the U.S. Attorney for the district. The dispute has led some judges to strike her name from filings from the bench and to annotate new indictments to reflect the court’s decision.

Background

Last week, Judge Cameron McGowan Currie concluded that Halligan was not the U.S. Attorney because she had not been confirmed by the Senate within 120 days of the post becoming vacant and had not been formally sworn in by the district’s judges. In that ruling, Judge Currie dismissed criminal cases brought under Halligan’s authority — including the prosecutions of former FBI Director James Comey and New York Attorney General Letitia James — finding her involvement in those matters void.

Judges’ Reactions in Court

Magistrate Judge William Fitzpatrick told prosecutors at a criminal hearing that filing charging documents "under Ms. Halligan’s name" was "simply not acceptable," according to a court transcript. Magistrate Judge Michael Nachmanoff likewise ordered Halligan’s name removed from the records in a separate case and said he found it "difficult to reconcile" the court opinion with the Justice Department’s continued use of her name. Magistrate Judge Lindsey Vaala said she would annotate new indictments with an asterisk and a citation to Judge Currie’s decision.

"The law in this district right now is that she is not and has not been the United States Attorney," Magistrate Judge Fitzpatrick said.

DOJ’s Position and Office Guidance

Prosecutors told judges that the Justice Department’s Office of Legal Counsel advised keeping Halligan’s name "as is" on indictments. Internally, the Alexandria U.S. Attorney’s Office circulated multiple guidance emails telling prosecutors how to sign filings; the guidance shifted from removing Halligan’s name and listing the first assistant U.S. Attorney, to later instructing staff to list Halligan first and also include Deputy Attorney General Todd Blanche and the first assistant in the signature block.

Prosecutors said the Justice Department had not appealed Judge Currie’s ruling nor sought a stay pending appeal. Still, department leadership has publicly continued to back Halligan since the dismissals.

Practical Consequences and Next Steps

The dispute over signatures and authority is part of the fallout from the dismissed Comey and James prosecutions. Halligan had secured the original indictments following grand jury sessions after President Donald Trump urged prosecutions of political opponents and Attorney General Pam Bondi placed Halligan in the U.S. Attorney’s Office.

The U.S. Attorney’s Office is expected to seek a renewed grand jury indictment of Comey; Halligan is not expected to lead any renewed grand jury presentations, which will likely be handled by more junior prosecutors. At least two recent indictments in the district now include a footnote next to Halligan’s name referencing Judge Currie’s ruling.

Judges have expressed frustration that line prosecutors must defend the filings in open court without clearer, consistent guidance from Justice Department leadership. As Magistrate Judge Fitzpatrick told a prosecutor, "You’re in a terrible situation... the fact that you have no guidance is tremendously disappointing."

Key players: Judge Cameron McGowan Currie (ruling judge), Magistrate Judges William Fitzpatrick, Michael Nachmanoff, Lindsey Vaala (responding judges), Lindsey Halligan (Justice Department official), Office of Legal Counsel, Deputy Attorney General Todd Blanche, and prosecutors in the Eastern District of Virginia.