Judge declares vacancy in Virginia prosecutor post despite DOJ backing Lindsey Halligan

Chief Judge M Hannah Lauck ordered a vacancy posting for Interim US attorney in Virginia, with applications due by February 10
Attorney Lindsey Halligan's tenure weakened after failed prosecutions, as collapsed cases against James Comey and Letitia James exposed her lack of prosecutorial experience (Getty Images)
Attorney Lindsey Halligan's tenure weakened after failed prosecutions, as collapsed cases against James Comey and Letitia James exposed her lack of prosecutorial experience (Getty Images)

WASHINGTON, DC: A federal judge in Virginia declared a vacancy in a powerful prosecutor post and ordered applications, directly challenging the Trump administration’s claim that Trump ally Lindsey Halligan already held the job.

Chief Judge M Hannah Lauck on Tuesday, January 20, directed the court clerk to post a vacancy announcement for Interim US Attorney for the Eastern District of Virginia, with applications due by February 10.

Lindsey Halligan, attorney for U.S. President Donald Trump, looks on during an executive order signing in the Oval Office of the White House, on March 31, 2025 in Washington, DC. (Photo by Al Drago/Getty Images)
Lindsey Halligan, attorney for US President Donald Trump, looks on during an executive order signing in the Oval Office of the White House, on March 31, 2025, in Washington, DC (Al Drago/Getty Images)

Court asserts authority to fill prosecutor role

In her order, Lauck cited 28 USC § 546(d), which allows a federal court to appoint an interim US attorney when a vacancy exists and until the position is filled by a Senate-confirmed nominee. 

By declaring the post vacant, the judge opened the door for the court to select an interim prosecutor if the administration and the Senate do not resolve the dispute.

The order marks a significant escalation in the standoff over who has lawful authority to lead the powerful Virginia office, which handles national security, public corruption and high-profile political cases.

WASHINGTON, DC - JANUARY 20: U.S. President Donald Trump displays a stack of binders as he arrives for a press briefing in the James S. Brady Press Briefing Room of the White House on January 20, 2026 in Washington, DC. White House Press Secretary Karoline Leavitt was joined by President Trump days after the president threatened a 10% import tax on goods from eight European countries that have rallied around Denmark amid Trump's calls for the U.S. to take control of Greenland, a semi-autonomous Danish territory. (Photo by Kevin Dietsch/Getty Images)
President Donald Trump displays a stack of binders as he arrives for a press briefing in the James S. Brady Press Briefing Room of the White House on January 20, 2026, in Washington, DC (Kevin Dietsch/Getty Images)

 Lindsey Halligan's tenure dogged by legal setbacks

The move follows a series of court rulings that have undermined Halligan’s standing. A federal judge previously found that she was unlawfully serving in the role and dismissed prosecutions against former FBI Director James Comey and New York Attorney General Letitia James.

After President Donald Trump publicly urged Attorney General Pam Bondi to pursue Comey and James, both frequent targets of his criticism, Halligan, who had no prior prosecutorial experience, presented the cases to federal grand juries.

Prosecutors later failed twice to secure an indictment of James on mortgage-related charges after the original case was thrown out, an unusual outcome given the reportedly low legal threshold required for indictment.

Internal turmoil has also surfaced within the office. Last week, a senior prosecutor was fired amid a dispute over whether he would lead a renewed effort to re-indict Comey.

Any such attempt would likely face further litigation, including challenges based on the expiration of the five-year statute of limitations tied to Comey’s September 2020 congressional testimony.

U.S. President Donald Trump, accompanied by U.S. Interior Secretary Doug Burgum (L), U.S. Defense Secretary Pete Hegseth (2nd-L) and U.S. Attorney General Pam Bondi (R), speaks during a news conference in the James S. Brady Press Briefing Room of the White House August 11, 2025 in Washington, DC. Trump announced he will use his authority to place the DC Metropolitan Police Department under federal control to assist in crime prevention in the nation's capital, and that the National Guard will be deployed to DC. (Photo by Andrew Harnik/Getty Images)
President Donald Trump, accompanied by Interior Secretary Doug Burgum , Defense Secretary Pete Hegseth and Attorney General Pam Bondi, speaks during a news conference in the James S Brady Press Briefing Room of the White House, August 11, 2025, in Washington, DC (Andrew Harnik/Getty Images)

Justice Department rejects judge's conclusion

Despite the court’s actions, the Justice Department continues to insist that Halligan is properly serving as the interim US attorney. As recently as last week, the department referred to her as the 'United States Attorney and Special Attorney' in filings in the Eastern District of Virginia.

“It is the United States’ position that Ms Halligan was properly appointed as interim United States Attorney,” the department said after another federal judge ordered Halligan to explain why she remained in the role, citing internal legal advice from the Office of Legal Counsel.

Halligan was renominated for the position on January 13, but the Senate has yet to act on her confirmation. The US Attorney’s Office for the Eastern District of Virginia declined to comment. Halligan did not respond to a request for comment, and the White House did not immediately respond.

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