Halligan’s Departure: A Crisis of Prosecutorial Authority
The sudden departure of Lindsey Halligan from the US Department of Justice this week marks more than just the end of a controversial tenure.
It represents a significant victory for the "exclusive means" doctrine—a legal principle that prevents the executive branch from bypassing the constitutional requirements for appointing powerful federal officials.
Hours before her exit on 20 January 2026, US District Judge David Novak described her leadership as a "charade," accusing the Department of Justice of using "unnecessary rhetoric" more suited to a cable news talk show than a court of law.
The conflict reached its breaking point when judges in the Eastern District of Virginia (EDVA) ruled that Halligan’s 120-day limit as an interim appointee had expired, rendering her continued service unlawful.
This is not merely an internal HR dispute for the DOJ. When a prosecutor’s appointment is found to be invalid, every legal action they took—from signing indictments to approving search warrants—is potentially a nullity.
The fallout has already claimed high-profile cases against James Comey and Letitia James, and the ripple effects may only just be beginning for the wider public.
Why Prosecutorial Legitimacy Matters
Most people assume that if a person stands up in court and says they represent the United States, they have the legal right to be there. In the vast majority of cases, that is true.
However, the Halligan saga exposes a vulnerability in the federal justice system: what happens when the government attempts to fill powerful roles while sidestepping the Senate’s "advice and consent" process?
The issue extends beyond politics to the structural integrity of the law itself. When prosecutorial authority is in question, so is the validity of the cases that follow.
If you live, work, or have legal business within the Eastern District of Virginia—a jurisdiction that covers a massive population from Alexandria to Richmond—the legitimacy of the prosecutor’s office is fundamental to your rights.
The issue reaches beyond politics. A prosecutor who lacks lawful authority can place the validity of entire cases at risk.
How This Could Affect Your Case
In federal court, the legality of a prosecutor’s appointment is a threshold issue. If that requirement is not met, a court may lack jurisdiction to hear the case at all.
Simply put, if the person exercising prosecutorial authority was not lawfully appointed, the case itself may be vulnerable from the start.
The “Nullity” Risk
If a judge determines that a prosecutor was unlawfully occupying the role as Judge Novak suggested when he described the situation as a “masquerade” then any indictment signed during that period may be legally void.
For individuals indicted in the Eastern District of Virginia between September 2025 and January 2026, this raises a serious question: was the charging document approved by an official who actually had the legal authority to do so?
The Practical Cost
Even when the government attempts to correct the problem by refiling charges, these legal “re-dos” come at a real cost. Delays caused by appointment challenges can result in:
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Higher legal fees for defendants forced to litigate the same case twice
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Statute-of-limitations risks that may bar prosecution altogether
- Evidence degradation as cases stall while courts resolve who lawfully holds prosecutorial authority
What the Law Says
Federal law is very specific about how a U.S. Attorney is appointed. Under 28 U.S.C. § 541, the President nominates them, and the Senate confirms them. Because this process takes time, 28 U.S.C. § 546 provides a temporary workaround.
The law states that the Attorney General can appoint an "interim" U.S. Attorney for exactly 120 days. Once that clock runs out, the Attorney General’s power vanishes. At that point, the power to appoint a temporary leader shifts to the District Court judges.
The DOJ attempted to argue that they could simply re-label Halligan as a "Special Attorney" to keep her in charge. The courts, however, have been firm: the 120-day statute is the "exclusive means" for filling a vacancy.
You cannot simply change a job title to avoid a legal deadline. This system exists to ensure that no single person in the executive branch has total control over who prosecutes citizens without oversight from the other branches of government.
Your Questions Answered
Is every case handled by the EDVA now in jeopardy?
Not necessarily. Most day-to-day prosecutions are handled by career Assistant U.S. Attorneys (AUSAs) who are lawfully employed. Challenges are most likely to succeed in cases where the Interim U.S. Attorney personally signed an indictment or made a specific legal authorization during the period her appointment was in question.
What is the difference between an "Acting" and "Interim" U.S. Attorney?
An "Acting" official usually steps in automatically under the Vacancies Reform Act. An "Interim" official is specifically appointed by the Attorney General under Section 546. The current conflict exists because the government tried to use different labels to restart the 120-day clock.
Can the government just "fix" a bad appointment by re-signing the paperwork?
The DOJ often tries "ratification," where a new, lawfully appointed official approves the previous person's actions. However, judges are increasingly skeptical of this "back-dated" authority if the original person had no legal right to be in the grand jury room to begin with.
Who is running the Eastern District of Virginia now?
The office is in transition. While the DOJ is using "Special Attorneys" for certain tasks, the Chief Judge has begun a public search for a court-appointed Interim U.S. Attorney to provide a lawful, stable leader for the district.
Why Prosecutor Authority Is Critical
The justice system only works when the people exercising power are legally entitled to do so. When the government cuts corners in appointing senior prosecutors, it doesn’t just create a technical defect, it casts doubt over every case that follows.
Lindsey Halligan’s departure highlights a hard limit on executive authority: appointment rules are not optional, and courts will enforce them.
From the outside, this dispute may look like inside-the-Beltway drama. For defendants and the public, though, the consequences are real. Checks and balances exist for a reason.
If you are facing a federal case, you are entitled to know that the person leading the prosecution holds the role lawfully, not just in name, but in fact.
