Federal Judges Criticize Justice Department Over Lindsey Halligan's Status

Federal judges in Alexandria, Virginia, have expressed significant frustration with the Justice Department regarding the continued inclusion of Lindsey Halligan's name on court documents. This situation escalated during recent hearings, where judges moved to officially remove her name from various legal filings. Magistrate Judge William Fitzpatrick stated that it was “simply not acceptable” to file documents listing Halligan’s name, referencing a recent district court ruling that established she is not the U.S. Attorney. District Judge Michael Nachmanoff echoed this sentiment, questioning the basis for the Justice Department's actions.

Judges Criticize Justice Department for Listing Lindsey Halligan on DocumentsCNNAlternet

The conflict stems from a ruling by Judge Cameron McGowan Currie, which determined that Halligan was not lawfully appointed as U.S. Attorney due to her failure to receive Senate confirmation within 120 days following a vacancy. This ruling led to the dismissal of criminal cases involving high-profile figures, including former FBI Director James Comey and New York Attorney General Letitia James, with Halligan's work on these cases deemed “void.” Comey had pleaded not guilty to lying to Congress, while James pleaded not guilty to mortgage fraud.

Judges Criticize Justice Department for Listing Lindsey Halligan on Documents

In light of these developments, judges have been actively striking Halligan’s name from various case records. Fitzpatrick noted that maintaining her name on court documents contradicts the existing ruling. Magistrate Lindsey Vaala raised concerns about the legal implications of accepting indictments featuring Halligan’s name, emphasizing the need for clarity in the documentation process. The ongoing situation reflects significant disarray within the Justice Department regarding Halligan’s status.

Judges Criticize Justice Department for Listing Lindsey Halligan on DocumentsCNNAlternet

The Justice Department has issued multiple internal memos to clarify how to proceed with court filings amidst the confusion surrounding Halligan’s status. Initially, prosecutors were instructed to omit her name from documents, but later guidance directed them to list her name below other officials in signature blocks. Long-time prosecutor Tony Roberts indicated that the Office of Legal Counsel advised keeping Halligan’s name as it had been presented, despite the judges' ruling.

Judges Criticize Justice Department for Listing Lindsey Halligan on DocumentsCNNAlternet

Judges have expressed disappointment over the lack of clear communication from the Justice Department. Fitzpatrick described the situation as “tremendously disappointing,” highlighting the challenges faced by prosecutors who feel left in the dark. The absence of formal explanations from Justice Department headquarters regarding Halligan’s status has further complicated the matter.

Judges Criticize Justice Department for Listing Lindsey Halligan on Documents

As this situation continues to develop, the Justice Department is reportedly considering seeking new grand jury indictments against Comey and potentially revisiting charges against James. However, Halligan is not expected to lead these efforts moving forward, leaving other lower-level prosecutors to handle the cases in court.

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• “The law in this district right now is that she is not and has not been the United States Attorney,” — Magistrate Judge William Fitzpatrick

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• “I agree with you that it is peculiar and we are in unusual territory,” — Magistrate Lindsey Vaala

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• “ “The Office of Legal Counsel told us to put the name as is as it has been presented on these indictments.” — Prosecutor Tony Roberts

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This ongoing legal turmoil underscores the complexities and challenges within the Justice Department as it navigates Halligan's controversial status.

Judges Criticize Justice Department for Listing Lindsey Halligan on Documents