'A cable news talk show': Federal judges seek replacement for Halligan as US attorney

Nori Leybengrub, The Virginian-Pilot on Jan 20, 2026

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Federal judges in the U.S. Eastern District Court announced Tuesday that they’re seeking candidates for the interim U.S. attorney for the Eastern District of Virginia.

The move comes in the midst of a monthslong standoff between the judges and President Donald Trump’s pick for the job, Lindsey Halligan.

In November, a federal judge ruled that Halligan was unlawfully named the Eastern District’s top federal prosecutor. Several more federal judges have raised their frustrations and concerns as Halligan continues to identify herself as U.S. Attorney.

On Tuesday, in a court’s latest filing on the matter, U.S. District Court Judge David Novak wrote that what he called Halligan’s disregard for court orders regarding her appointment “exhibits disrespect not just for this Court, but also flaunts the Rule of Law more broadly.”

Novak called arguments presented by Halligan, and co-signed by Attorney General Pam Bondi and Deputy Attorney General Tom Blanche, “vitriolic,” and “more appropriate for a cable news talk show,” falling “far beneath the level of advocacy expected from litigants in this Court.”

Halligan was appointed by Trump on Sept. 22, after predecessor Erik Siebert resigned under pressure from the administration. Siebert reportedly resigned after recommending against attempting to prosecute former FBI director James Comey and New York Attorney General Letitia James.

Halligan – within weeks of her appointment – persuaded a grand jury to indict Comey on allegations that he’d lied to Congress, and James on alleged fraud in the mortgage she obtained to buy a house in Norfolk.

District Judge Cameron Currie dismissed both cases, ruling that without confirmation by the U.S. Senate, Halligan was unlawfully appointed as the interim U.S. Attorney. The Justice Department is appealing the ruling.

Since then, federal judges in the district have expressed concern and frustration as to why Halligan continues to identify herself as the top federal prosecutor of the Eastern District. On Jan. 7, District Court Judge David Novak ordered officials to explain why Halligan, presenting herself in court records as the U.S. Attorney, did not qualify as “a false or misleading statement.”

The Justice Department, in a January 13 response signed by Halligan, Attorney General Bondi and Deputy Attorney General Blanche, claimed that Currie’s decision narrowly applied to the Comey and James indictments. The court filing maintained that the District Court did not have the authority to strip Halligan of the title of U.S. Attorney.

But Judge Currie’s ruling applied to all cases similar to the Comey and James’ indictments, according to Judge Novak’s fiery response filed on Tuesday.

He called on Halligan to end “this charade” of “masquerading as the United States Attorney for this District in direct defiance of binding court orders,” and accused the Trump-nominee of putting her personal ambitions above the interests of the citizens of the District.

Novak, addressing Halligan and her co-signers with the Department of Justice, asserted that the Court would initiate disciplinary action against them if Halligan were to continue to address the court as the U.S. Attorney.

In Tuesday’s job vacancy announcement, federal judges asserted that even if Halligan’s September appointment was lawful, without confirmation from the Senate it would have expired in 120 days, or on Jan. 20.

Trump nominated Halligan for U.S. Attorney for a second time on January 13, federal laws allow the court to appoint an interim U.S. Attorney when the position is vacant.

The job application posted Tuesday morning indicates that the Court may intend to move forward with an appointment of their own. Seibert, the former interim U.S. Attorney, was voted unanimously by the federal judges of the Eastern District Court to serve in the role.

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