Federal judges in the Eastern District of Virginia are seeking applicants to become the U.S. attorney there, signaling that President Trump’s handpicked choice, Lindsey Halligan, has run out of time as the top prosecutor.
The public request is the latest move in a monthslong standoff between the Trump administration and the judges who sit in that district. The dispute has potential consequences for federal prosecutors around the country because the administration has used a similar personnel maneuver to install others into U.S. attorney positions in Nevada, California, New York and New Jersey.
In November, a judge ruled that Ms. Halligan’s appointment was invalid, stating that Mr. Trump and Attorney General Pam Bondi had not followed the law in selecting U.S. attorneys. In September, Mr. Trump forced out Ms. Halligan’s predecessor to install her instead, despite her lack of prosecutorial experience.
Ms. Halligan quickly indicted two of the president’s foes, the former F.B.I. director, James B. Comey, and Letitia James, the New York attorney general.
Those indictments were thrown out of court in November after a federal judge determined Ms. Halligan’s appointment was unlawful. Since that ruling, some judges in the district have expressed concern and frustration that Ms. Halligan continues to claim she is the U.S. attorney for the Eastern District of Virginia.
In a new order, the court noted that Ms. Halligan’s appointment, even if it were valid, expires Tuesday, suggesting once again that the judges expect her to step aside. The court system separately asked for “expressions of interest” from any lawyers interested in being appointed to serve as an interim U.S. attorney.
Federal law allows for the judges in a district without a Senate-confirmed U.S. attorney to select a temporary replacement, and the court’s moves Tuesday suggest it plans to go forward with doing so.
If the court did appoint a new U.S. attorney, it is likely that the president would simply fire that person and put his own choice — possibly Ms. Halligan — back in the job.
Devlin Barrett covers the Justice Department and the F.B.I. for The Times.
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