Judges criticize Justice Department for keeping Lindsey Halligan on court documents

In Alexandria, Virginia, federal judges have strongly criticized the Justice Department for continuing to include Lindsey Halligan on court documents, with some judges going so far as to remove her name from filings during proceedings. Magistrate judges and a district court judge expressed in open court that Halligan should not appear on new criminal case documents, such as indictments and guilty plea forms, following a recent ruling confirming she is not the US Attorney.

During a criminal case hearing Tuesday, Magistrate William Fitzpatrick stated that submitting criminal charging papers under Halligans name is simply not acceptable at this time. Both Fitzpatrick and Magistrate Michael Nachmanoff highlighted that the district courts ruling clearly established that Halligan had not been confirmed as US Attorney and that the Justice Department had not appealed or sought a stay of the decision.

Judge Cameron McGowan Curries ruling last week determined Halligan was not the US Attorney because she lacked Senate confirmation after 120 days of vacancy and had not been sworn in by the court. The decision also voided her actions in criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, both of whom had pleaded not guiltyComey to lying to Congress and James to mortgage fraud.

In a separate hearing Thursday, Nachmanoff ordered Halligans name removed from the case of a Honduran man facing illegal entry charges, citing difficulty reconciling the court ruling with the Justice Departments current actions. During other hearings, Fitzpatrick announced he would strike Halligans name from criminal documents, and Magistrate Lindsey Vaala said she would annotate new indictments to reference the ruling.

The annotations and footnotes now appearing on at least two new indictments clarify Halligans lack of authority in the Comey and James cases. This situation reflects ongoing confusion and a lack of clear guidance from Justice Department leadership, which continues to support Halligan despite the ruling.

Following the dismissals of the cases against Comey and James, the US Attorneys Office has attempted to direct prosecutors on how to sign filings, first instructing them to remove Halligans name and list the top career prosecutor, then reversing the guidance to include Halligan along with Deputy Attorney General Todd Blanche and the first assistant US Attorney.

Prosecutors have described the Justice Departments instructions as minimal, relying on guidance from the Office of Legal Counsel to maintain Halligans name on filings. Long-time prosecutor Tony Roberts told the court that they are following federal legal counsel guidance despite the unusual circumstances.

Fitzpatrick acknowledged the challenging position of prosecutors, emphasizing the lack of internal guidance and the unfair burden placed on them during court proceedings.

Author: Zoe Harrison