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A federal judge on Tuesday ordered Lindsey Halligan to explain why she identified herself as the U.S. attorney for the Eastern District of Virginia in a criminal indictment, despite a prior ruling that her appointment was unlawful.
According to court documents reviewed by Fox News Digital, U.S. District Judge David Novak said in a three-page order that Halligan must file a written response within seven days justifying her use of the title and explaining why it should not be struck from the indictment.
“Ms. Halligan shall further explain why her identification does not constitute a false or misleading statement,” said Novak.
Fox News Digital reached out to the U.S. Attorney’s Office for the Eastern District of Virginia for comment but did not immediately receive a response.
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Lindsey Halligan, special assistant to the president, speaks with a reporter outside the White House, Wednesday, Aug. 20, 2025, in Washington. (Jacquelyn Martin/AP)
President Donald Trump appointed Halligan to serve as interim U.S. Attorney for the Eastern District of Virginia, after Erik Siebert resigned.
A federal judge in November dismissed the indictments of former FBI Director James Comey and New York Attorney General Letitia James, finding that Halligan had been unlawfully appointed and therefore lacked the authority to bring the charges.
Novak cited the Nov. 24 ruling by U.S. District Judge Cameron McGowan Currie in his order, noting that while it is under appeal, no stay has been issued, meaning it remains binding on the court.
Lindsey Halligan, attorney for U.S. President Donald Trump, holds ceremonial proclamations in the Oval Office of the White House in Washington, D.C., on March 6, 2025. (Al Drago/Bloomberg via Getty Images)
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Trump pressed Senate Majority Leader John Thune, R-S.D., in December to dismantle the Senate’s “blue slip” tradition, arguing that the practice has allowed Democrats to block Republican judicial and U.S. attorney nominees.
“If they say no, then it is OVER for that very well qualified Republican candidate. Only a really far left Democrat can be approved. It is shocking that Republicans, under Senator Chuck G, allow this scam to continue. So unfair to Republicans, and not Constitutional,” Trump wrote on Truth Social.
Senate Majority Leader John Thune, R-S.D., is interviewed by FOX News Channel’s Bret Baier outside the West Wing of the White House, Monday, Sept. 29, 2025, in Washington. ((AP Photo/Alex Brandon))
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“I am hereby asking Senate Majority Leader John Thune, a fantastic guy, to get something done, ideally the termination of Blue Slips. Too many GREAT REPUBLICANS are being, SENT PACKIN’. None are getting approved!!!”
Alina Habba, another Trump-appointed U.S. attorney, announced on Dec. 8 that she would be step down as the top federal prosecutor in New Jersey after an appeals court ruled she, too, was unlawfully serving in the role.
