Gasps in Courtroom as Judge Questions Trump-Appointed Prosecutor Lindsey Halligan’s Legitimacy

A federal courtroom erupted with gasps Thursday as a judge pressed Justice Department attorneys over the legality of President Donald Trump’s appointment of Lindsey Halligan as interim US Attorney for the Eastern District of Virginia — a role critics say she was not lawfully authorized to hold.

The hearing centered on challenges from former FBI Director James Comey and New York Attorney General Letitia James, who argue that Halligan’s appointment violated the Constitution’s Appointments Clause and the statutory 120-day limit on interim US attorneys. Halligan, a former White House adviser, brought cases against both Comey and James after the previous interim prosecutor was pressured to pursue indictments.

Comey faces charges of making a false statement to Congress, while James is charged with bank fraud. Both have pleaded not guilty.

Defense attorneys argued that Halligan’s appointment was an “evasion of the Appointments Clause” and that her continued service beyond the legal time limit invalidates the cases she brought. “If Halligan can be appointed indefinitely, then that guardrail is useless,” Comey’s attorney, Ephraim McDowell, told the court.

Justice Department attorney Henry Whitaker countered that the time restriction was a guideline, not a hard limit, saying the attorney general has authority to reassess and reappoint interim prosecutors as needed. “The idea that we are trying to evade Senate confirmation is fanciful,” Whitaker said.

The hearing took a dramatic turn when Judge Cameron McGowan Currie drew parallels to the Florida case involving former Special Counsel Jack Smith, whose appointment was ruled improper by Judge Aileen Cannon earlier this year. “Was that case wrongly dismissed?” Currie asked, prompting audible reactions from those in attendance.

Whitaker replied cautiously, saying Smith’s role was distinct because a special counsel “enjoys unique and broad powers” not subject to the same rules as US attorneys.

Currie also raised concerns about missing records in the Comey case, pointing to a two-hour gap in the grand jury transcript. “It became obvious to me that the attorney general could not have reviewed the entire proceeding,” she said. The Justice Department responded that the gap reflected juror deliberations, which are not transcribed, but offered no further clarification.

Judge Currie said she expects to issue a ruling on Halligan’s appointment before Thanksgiving. Both trials for Comey and James are currently scheduled to begin in January.

Credit: CNN Newsource
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