Judges prepare to replace a U.S. attorney, but her response is testing the limits of the court

Two federal judges have taken rare steps to move toward replacing U.S. Attorney Lindsey Halligan in Virginia, escalating a dispute that has been simmering for months. As reported by The Washington Post, the conflict centers on whether Halligan can continue serving without Senate confirmation.

Chief Judge M. Hannah Lauck and Judge David J. Novak issued orders Tuesday stating they intend to appoint a new U.S. attorney for the Eastern District of Virginia. They also warned that disciplinary sanctions could follow if government lawyers continue referring to Halligan as the U.S. attorney in court filings. Novak described her continued use of the title as a “charade.”

The move marks a sharp escalation in a separation-of-powers dispute over how long an interim U.S. attorney may remain in office. Federal law allows district judges to appoint a replacement once an interim appointee has served more than 120 days, a threshold Halligan reached Tuesday.

The court has signaled it is prepared to act

Judge Lauck directed the clerk’s office to post a public notice seeking applicants for the position, with a deadline of February 10. The court’s website now lists the role as vacant, signaling the judges’ view that Halligan no longer holds the office, even as broader debates continue amid the Trump administration’s Greenland takeover threat.

The legal conflict predates the expiration of the 120-day period. In late November, an out-of-district judge ruled that the Trump administration had used an unlawful process to install Halligan. That ruling remains in effect and concluded that she was disqualified from serving as U.S. attorney.

Halligan’s background has drawn scrutiny throughout the dispute. She previously worked as an insurance lawyer and White House aide and served as President Trump’s personal attorney in a special counsel case that was later dismissed. She had no prior prosecutorial experience before taking over an office responsible for handling national security, terrorism, and classified information matters.

Her appointment followed the removal of predecessor Erik S. Siebert in September 2025 after he declined to pursue charges against former FBI Director James B. Comey and New York Attorney General Letitia James. Career prosecutors had advised against both cases due to insufficient evidence. After Halligan took office, indictments were brought against Comey and James, but a judge later dismissed them after finding her appointment unlawful.

Despite the standing ruling, Halligan has continued signing filings as U.S. attorney. Novak sharply criticized that conduct, writing that she has “no legal basis” to claim the title and warning that further use of it could be treated as a false statement to the court. He said allowing the Justice Department to ignore binding orders would undermine the legal system, echoing concerns reflected in recent coverage of shifting political dynamics in Europe’s policy towards the US.

The Justice Department has pushed back, arguing that the earlier ruling was not binding and that Novak lacked the authority to strike Halligan’s name from filings. In a response filed last week, department lawyers accused the judge of making basic legal errors.

Former managers in the Alexandria-based office told The Washington Post that the uncertainty surrounding the position could deter qualified candidates from applying, noting that any assistant U.S. attorney who steps forward could face immediate dismissal by the administration.