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

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.

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.

 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.

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.