This browser does not support the Video element.
Virginia judge questions Trump appointee's US Attorney title
Judge David Novak, appointed by President Trump, is questioning Halligan's continued identification as U.S. Attorney despite a court ruling that deemed her appointment unlawful. FOX 5 DC's Katie Barlow has the story.
VIRGINIA - A federal judge is demanding answers from Lindsey Halligan, a Trump appointee who continues to identify herself as the U.S. Attorney for the Eastern District of Virginia despite a court ruling that declared her appointment unlawful.
What we know:
In a pointed order, U.S. District Judge David Novak instructed Halligan to explain why she has continued to use the title in official court filings, and why doing so should not be considered intentionally misleading or a violation of her ethical duties as a lawyer.
Novak, himself a Trump appointee, spent 18 years as a federal prosecutor in the Eastern District of Virginia (EDVA), the same office Halligan now claims to lead.
In his order, the judge questioned whether Halligan’s conduct amounted to misrepresenting her authority to the court — a serious allegation in a profession governed by strict rules of candor.
"It’s at least a top-three U.S. Attorney’s Office in the country," Gene Rossi said. "I can just see Judge Novak sitting in his chambers thinking, ‘this is sacred ground and it’s been invaded.’"
Rossi is a former federal prosecutor in EDVA.
Dig deeper:
Novak’s directive arose from a criminal case in the Richmond Division of EDVA involving Davante Jefferson, who is charged with carjacking, using a firearm in a crime of violence, and attempting to rob a Wells Fargo branch in North Chesterfield, Virginia.
Halligan signed the indictment in the case, which was filed on December 2 — more than two months after a federal judge ruled on September 22 that her appointment as interim U.S. Attorney was unlawful.
Halligan has faced mounting criticism for pursuing what former prosecutors describe as politically motivated indictments, including cases against former FBI Director James Comey and New York Attorney General Letitia James. Both prosecutions followed public social media posts by President Trump calling for action against them.
Big picture view:
Former Assistant U.S. Attorneys say the situation has thrown the office into turmoil, creating conflicts that undermine prosecutors’ ability to do their jobs.
"This is the equivalent of an ambulance chaser becoming head of surgery at Johns Hopkins," said Chris Macchiaroli, a former federal prosecutor with Silverman Thompson. "That’s how people inside EDVA see it." He says there is a strong culture of professionalism within the office, regardless of politics.
Judge Novak and James Comey have a long professional relationship. The two worked together in EDVA’s Richmond office. In a 1999 interview with Style Weekly, Comey referred to Novak as "the Great Novak."
Halligan has seven days to respond to the court’s order.