Key Developments: Chief Judge M. Hannah Lauck declared the Eastern District of Virginia U.S. Attorney post vacant and opened applications through Feb. 10, 2026. Trump-appointed Judge David Novak ordered Lindsey Halligan to stop using the U.S. attorney title, warning that continued use could trigger disciplinary action. Halligan was sworn in as interim U.S. attorney on Sept. 23, but a November ruling found her appointment unlawful and led to dismissal of indictments she filed.
U.S. Attorney Post Declared Vacant as Judge Bars Lindsey Halligan From Using Title
Lindsey Halligan has continued calling herself the U.S. attorney on the Eastern District of Virginia’s website and on X, and has signed criminal indictments as the U.S. attorney. A judge ordered her to stop “masquerading” on Tuesday. / XNY/Star Max/GC Images/Getty Images
Lindsey Halligan, the Trump-aligned interim U.S. attorney for the Eastern District of Virginia, suffered a fresh setback this week after a federal judge declared the office vacant and opened the position to applicants.
Chief Judge M. Hannah Lauck, an Obama appointee, issued an order formally declaring the United States Attorney post for the Eastern District of Virginia "vacant" and announcing that the court is "soliciting expressions of interest" from qualified attorneys. The notice sets an application deadline of Feb. 10, 2026.
Chief Judge M. Hannah Lauck issued a vacancy announcement for the U.S. attorney position. / Senate Judiciary Committee
Hours later, Trump-appointed District Judge David Novak issued a separate ruling directing Halligan to stop representing herself as the U.S. attorney, warning that continued use of the title could lead to disciplinary proceedings. Novak wrote that any future claim by Halligan to hold the office would be "a false statement made in direct defiance of valid court orders," calling the behavior a "charade" that must end.
Despite prior rulings finding her appointment unlawful, Halligan — a 36-year-old former beauty-pageant contestant and insurance lawyer who previously worked as a civil attorney for former President Trump — has continued to identify herself as the U.S. attorney on the Eastern District of Virginia website, on X, and in the signature blocks of court filings. She also signed criminal indictments under that title.
Judge David Novak took what appears to be a jab at Halligan’s thin prosecutorial resumé while threatening disciplinary action. / Marco Bello/Getty Images
Novak ordered the court to strike the U.S. attorney title from Halligan's signature block and barred her from representing herself as holding the office. He also questioned her limited prosecutorial experience, but "grants Ms. Halligan the benefit of the doubt" and declined to immediately refer her for disciplinary investigation.
"No matter all of her machinations, Ms. Halligan has no legal basis to represent to this Court that she holds the position. And any such representation going forward can only be described as a false statement made in direct defiance of valid court orders," Novak wrote.
The court action follows a November decision by Clinton-appointed Judge Cameron Currie, who dismissed indictments Halligan brought against former FBI Director James Comey and New York Attorney General Letitia James on the ground that Halligan had been unlawfully serving as interim U.S. attorney. Halligan was sworn in as interim U.S. attorney on Sept. 23, after her predecessor was removed amid disagreements over prosecutorial priorities.
Under federal law, district judges may appoint a U.S. attorney after an interim appointee has served for 120 days. With the court now publicly seeking applicants, the Eastern District of Virginia appears to be moving toward an officially sanctioned appointment process.
The Daily Beast said it reached out to the Justice Department for comment. The situation could prompt additional judicial or disciplinary scrutiny depending on Halligan's next steps and any responses to the court's solicitation for candidates.
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