Lindsey Halligan, tapped by President Trump to prosecute his enemies, has left the U.S. attorney’s office in the Eastern District of Virginia, Attorney General Pam Bondi said late Tuesday after a judge called Ms. Halligan’s bid to remain in office a “charade.”
Ms. Bondi, who had expressed reservations about Ms. Halligan’s fitness to serve after her appointment in September, blamed the state’s Democratic senators, who used their prerogative to block appointments, for forcing the onetime Trump defense lawyer to leave her post.
“Her departure is a significant loss,” Ms. Bondi wrote on social media. “While we feel her absence keenly, we are confident that she will continue to serve her country in other ways.”
The decision ended a bizarre monthslong standoff between the Trump administration and the federal court in eastern Virginia. For weeks, judges have pressed Ms. Halligan to explain why she continues to identify herself in court filings as the U.S. attorney, despite a ruling in November that she had been unlawfully appointed to the job.
The fight escalated sharply on Tuesday, when judges in the Eastern District of Virginia took the extraordinary step of publicly appealing for applicants to replace Ms. Halligan, whose short tumultuous tenure was marred by significant missteps in court.
Around the same time, Judge David J. Novak, a Trump appointee, warned Ms. Halligan that continuing to file court papers in which she is listed as the U.S. attorney would be “a false statement made in direct defiance of valid court orders”
“In short, this charade of Ms. Halligan masquerading as the United States attorney for this district in direct defiance of binding court orders must come to an end,” Judge Novak wrote.
The judge also criticized Attorney General Pam Bondi and Deputy Attorney General Todd Blanche over a recent court filing defending Ms. Halligan’s actions.
The response, Judge Novak wrote, “contains a level of vitriol more appropriate for a cable news talk show and falls far beneath the level of advocacy expected from litigants in this court, particularly the Department of Justice.”
On Tuesday evening, prosecutors in Ms. Halligan’s office had been instructed to no longer refer to her in court filings as the U.S. attorney, and to instead call her a special attorney, in keeping with Judge Novak’s order, according to an email viewed by The New York Times.
A department spokesman declined to comment.
The withering judicial order and the court’s search for applicants were the latest salvos in a dispute over whether Mr. Trump had followed the law in filling the top prosecutor positions. The fight has potential consequences around the country because the administration has used a similar maneuver to install purportedly temporary U.S. attorneys in Nevada, California, New York and New Jersey.
In its order, the court noted that Ms. Halligan’s appointment, even if it were valid, would expire on Tuesday, suggesting once again that the judges expected 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 on 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 try to fire that person and put his own choice — possibly Ms. Halligan — back in the job.
In September, Mr. Trump forced out Ms. Halligan’s predecessor to install her instead, despite her lack of prosecutorial experience.
Once in the job, Ms. Halligan quickly indicted two of the president’s foes, James B. Comey, the former F.B.I. director, and Letitia James, the New York attorney general.
Those indictments were thrown out in November after a federal judge determined that Ms. Halligan’s appointment was unlawful. Since then, 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.
Devlin Barrett covers the Justice Department and the F.B.I. for The Times.
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