The Florida Bar has withdrawn a statement that implied a formal ethics investigation was underway into Lindsey Halligan, the Trump-appointed former interim U.S. attorney. The Bar says it is "monitoring the ongoing legal proceedings" tied to a complaint by the Campaign for Accountability rather than running a disciplinary probe. The clarification follows a federal judge's ruling that Halligan's appointment was unlawful and dismissal of prosecutions she oversaw. The dispute arises as the DOJ proposes reviewing state bar disciplinary actions involving federal employees.
Florida Bar Retracts Claim It Was Investigating Trump-Appointed U.S. Attorney Lindsey Halligan
Lindsey Halligan speaks as Donald Trump signs executive orders in the Oval Office of the White House.Photograph: Evan Vucci/AP(Photograph: Evan Vucci/AP)
The Florida Bar has retracted a statement that suggested it was conducting a formal ethics investigation into Lindsey Halligan, the Trump-appointed former interim U.S. attorney who led prosecutions of Letitia James and James Comey that were dismissed by a federal judge.
After media coverage of a February letter from the Bar to the watchdog group Campaign for Accountability, Florida Bar spokesperson Jennifer Krell Davis issued a correction on Friday. Davis said the Bar had "erroneously" indicated an investigation was under way and clarified that it is instead "monitoring the ongoing legal proceedings" related to a complaint filed by the Campaign for Accountability.
"There is no such pending bar investigation of Lindsey Halligan,"
The confusion stemmed from a February letter Campaign for Accountability executive director Michelle Kuppersmith received from Florida Bar counsel Carlos A. Leon, which said in part, "We already have an investigation pending." That language was read by Kuppersmith and others as confirmation of a formal disciplinary probe.
Background
Halligan, who had previously worked as an insurance litigator and as a personal lawyer to former President Donald Trump, was sworn in as acting U.S. attorney for the Eastern District of Virginia in September. Once in office, she supervised indictments brought against New York Attorney General Letitia James and former FBI Director James Comey. In November, a federal judge, Cameron McGowan Currie, dismissed both prosecutions and found Halligan's appointment unlawful, concluding she lacked legal authority to bring the indictments.
Court findings turned on the statutory rules governing interim U.S. attorney appointments: state attorneys general may appoint interim U.S. attorneys for 120 days, after which federal district judges gain the authority to appoint. The judge found Halligan's predecessor had already served the 120-day interim period, undermining the legality of Halligan's subsequent appointment. The Senate is also required to confirm U.S. attorneys within statutory timelines.
Ethics Complaint And Wider Context
The Campaign for Accountability contends that because Halligan's appointment was unlawful she falsely held herself out as a U.S. attorney and may have violated professional ethics rules. The group filed complaints with both the Virginia and Florida bars and sought an update from the Florida Bar in early February.
The clarification from the Florida Bar comes amid a broader Justice Department proposal to review and potentially intervene on behalf of federal employees who face state bar disciplinary inquiries. The DOJ proposal would ask state bars to pause certain investigations while DOJ completes its review, although it would not necessarily require bars to stop their proceedings.
Kuppersmith said the Bar's retraction is "hard to reconcile" with Leon's earlier letter and asked why an investigation would not proceed given the court's findings suggesting possible ethics violations. Efforts to reach Halligan for comment were not immediately successful.
Possible Consequences: Under Florida rules, a lawyer found to have engaged in professional misconduct after a disciplinary process could face sanctions ranging from suspension to disbarment.
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