Lindsey Halligan, a White House aide, was sworn in on Monday as the interim US attorney for the eastern district of Virginia after Donald Trump removed her predecessor who declined to bring charges against James Comey, the former FBI director, and Letitia James, the New York attorney general.
The appointment of Halligan, who has no prosecutorial experience and was the most junior lawyer on Trump’s personal legal team, alarmed current and former prosecutors about political pressure to indict the president’s political enemies regardless of the strength of the evidence.
For months, federal prosecutors investigated whether there was sufficient evidence to act on referrals by Trump officials at other agencies against Comey, for lying to Congress about matters related to the 2016 election, and against James, for mortgage fraud over a house she bought her niece.
The prosecutors ultimately concluded that there was insufficient evidence in either investigation to bring charges against either Comey or James, leading Trump to issue a series of extraordinary social media posts over the weekend demanding that the justice department seek criminal charges regardless.
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Halligan was sworn in shortly after noon by Pam Bondi, the attorney general, at justice department headquarters, replacing Erik Siebert, who had declined to bring the prosecutions. Interim US attorneys can only serve for 120 days but Trump is expected to submit her nomination to the Senate for a full term.
Halligan’s lack of prosecutorial experience was particularly stunning given the US attorney for the eastern district of Virginia occupies one of the most sensitive posts at the justice department and oversees around 300 lawyers and staff. With the Pentagon and the CIA nearby, the office also handles sensitive national security cases.
A White House spokesperson defended Halligan’s appointment, saying in a statement: “Lindsey Halligan is exceptionally qualified to serve as United States Attorney for the Eastern District of Virginia. She has a proven track record of success and will serve the country with honor and distinction.”
Before joining the White House, Halligan was an insurance lawyer in Florida and worked for the Save America Pac before joining the Trump legal team as the most junior lawyer, helping to draft briefs in the federal criminal case over Trump’s mishandling of classified documents at his Mar-a-Lago club.
The officials who have historically been appointed as US attorney in the eastern district of Virginia have extensive experience in that office. The US attorney during Trump’s first term, G Zachary Terwilliger, had been a prosecutor there for years before being elevated to the top job.
Halligan was at Mar-a-Lago when the FBI executed a search warrant to retrieve classified documents and, as the Florida-barred lawyer on Trump’s team, she was responsible for filing a request to have a so-called special master conduct a review of the materials that had been seized.
According to two people directly familiar with the episode, Halligan found that her account on the Pacer courts system was not setup to file the special master request electronically, and had to hand-deliver the brief to the clerk’s office at the US district court in Miami.
During the drive to Miami, Halligan got stuck in traffic on the highway and realized she would not make it to the courthouse before it closed for the weekend. Halligan did a U-turn and drove to the US district court in Fort Pierce, where the motion was assigned to the Trump-appointed US district judge Aileen Cannon, the people said.
Halligan attended the subsequent court hearing on the special master request as the third-chair lawyer, one of the only times she was at counsel’s table in a federal courtroom.
Within months, Halligan was in Trump’s political orbit and poised to accomplish what she once expressed to a law school classmate, according to a person familiar with the conversation: that she wanted to be the next Hope Hicks, Trump’s communications aide from his first term.
When Trump hosted a watch party for the 2022 midterms at Mar-a-Lago, Halligan sat at Trump’s table with Boris Epshteyn, Trump’s longtime confidant and personal lawyer; Steve Witkoff, Trump’s special envoy; and Sergio Gor, director of the White House presidential personnel office.
