The ‘Cable News’ Rebuke
A federal judge just lost his patience.
On Tuesday, U.S. District Judge David Novak tore into Lindsey Halligan, President Donald Trump’s hand-picked choice for the top prosecutor spot in the Eastern District of Virginia. The judge did not mince words. He blasted her “unnecessary rhetoric” and said her aggressive language contained “a level of vitriol more appropriate for a cable news talk show.”
This is not coming from a partisan rival. Judge Novak was appointed by Trump in 2019.
The Legal Saga
This explosion is the latest chapter in a months-long legal drama. Back in November, a separate ruling determined that Halligan was unlawfully serving in her role. That decision effectively torpedoed criminal cases she brought against high-profile targets, including former FBI Director James Comey and New York Attorney General Letitia James.
Logic dictates that if a judge says you are serving unlawfully, you stop using the title. Halligan did not.
She continued to identify herself as the “United States Attorney” on court documents. This open defiance drew the ire of Novak and other judges in the district.
Ending the ‘Charade’
In a blistering 18-page ruling, Novak called out the behavior. He noted that Halligan kept signing filings as the head prosecutor despite the previous order. When given a chance to explain her position, her response only made things worse.
“I find her position to be unavailing,” Novak wrote. He slammed the response from her team as falling “far beneath the level of advocacy expected from litigants in this Court.”
Novak warned that continuing to use the “improper moniker” could lead to disciplinary action. However, he let her off the hook this time for one stinging reason: her lack of experience.
“In light of her inexperience, the court grants Ms. Halligan the benefit of the doubt,” Novak wrote, refraining from referring her for investigation “at this time.”
Help Wanted
The writing is on the wall. Shortly after Novak’s ruling, the district’s Chief Judge, M. Hannah Lauck, publicly posted a “help wanted” ad.
The court is now seeking applicants to serve as the interim U.S. Attorney. Halligan’s initial 120-day appointment expires on Tuesday. While Trump has nominated her for the permanent role, the Senate has not confirmed her. Under federal law, that gives the local judges the power to appoint a replacement.
Lauck directed the court clerk to blast the vacancy announcement to area newspapers. Applications are open through February 10.
A Pattern of Chaos
This district has seen significant turnover recently. Last year, judges voted to keep Erik Siebert in the job until he left amid pressure to pursue charges against Trump’s political foes. Halligan took over and moved fast to indict Comey and James, only for those cases to fall apart when her authority was challenged.
Now, the judges are putting their foot down.
“This charade of Ms. Halligan masquerading as the United States Attorney for this District in direct defiance of binding court orders must come to an end,” Novak wrote.