Virginia Court Moves to Replace Lindsey Halligan After Judge Rules She Was Unlawfully Serving as US Attorney – Threatens Sanctions

A Virginia federal court on Tuesday moved to replace Lindsey Halligan after a judge previously ruled she was unlawfully serving as US Attorney for the Eastern District of Virginia.

The federal judges also threatened sanctions against any DOJ lawyer who referred to Lindsey Halligan as US Attorney.

In November, Judge Cameron McGowan Currie, a Clinton appointee, dismissed the criminal cases against James Comey and Letitia James.

Judge Currie also ruled that US Attorney Lindsey Halligan was invalidly appointed.

Pam Bondi previously jumped into action and retroactively gave Lindsey Halligan a new position of “special attorney” in response to Comey’s effort to remove Halligan.

As a “special attorney,” Halligan has the authority to conduct legal proceedings before judges and magistrates.

However, Judge Currie said Halligan cannot serve as Interim US Attorney.

“The appointment of Ms. Halligan as Interim U.S. Attorney violated 28 U.S.C. § 546 and the Appointments Clause of the U.S. Constitution,” the judge wrote.

“All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside,” the judge said.

On Tuesday, federal judges in Virginia posted a job opening for Lindsey Halligan’s position.

NBC News reported:

A top federal judge in the Eastern District of Virginia has posted a job opening for a top federal prosecutor position that the Trump administration claims is occupied by Trump loyalist Lindsey Halligan.

Chief Judge M. Hannah Lauck entered an order on Tuesday ordering the clerk of the court to post a vacancy announcement, soliciting applications from attorneys interested in filling the position of Interim U.S. Attorney for the Eastern District of Virginia.

“In the exercise of the authority conferred by 28 U.S.C. § 546(d) to appoint an Interim United States Attorney for the Eastern District of Virginia until the position is filled by a Senate confirmed person, the Court is soliciting expressions of interest in serving in that position,” the order read.

Under the law, when the position is vacant — as the chief judge declared it was — the court can “appoint a United States Attorney to serve until the vacancy is filled” by a Senate-confirmed candidate. The application deadline is listed as Feb. 10, 2026.

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