Halligan
(Photo
by
Al
Drago/Getty
Images)
Lindsey
Halligan
is
an
insurance
lawyer
cosplaying
as
the
U.S.
Attorney
for the
Eastern
District
of
Virginia.
Because
she
is
famously
*not*
the
actual
U.S.
Attorney
for
the
district.
Though
the
Trump
administration
attempted
to
install
her
in
the
job,
Judge
Cameron
Currie
ruled
that
28
USC
§
546
allows
the
president
to
make
only
one
interim
appointment
as
U.S.
Attorney
in
any
given
federal
district,
after
which
the
position
may
only
be
filled
by
a
Senate-confirmed
nominee
or
a
judicially
installed
placeholder.
(Trump
used
up
that
appointment
on
Halligan’s
predecessor
Erik
Seibert
who
was
pushed
out
of
the
role
for
failing
to
act
like
a
trained
seal
and
prosecute
Donald
Trump’s
political
enemies.)
So,
um,
why
is
Schrödinger’s
U.S.
Attorney
still
out
there
signing
indictments?
That’s
what
Judge
David
Novak
wants
to
know,
writing
in
a
recent
order,
“the
Court
hereby
DIRECTS
Ms.
Halligan
to
file,
within
seven
(7)
days
of
the
issuance
of
this
Order,
a
pleading
explaining
the
basis
for
Ms.
Halligan’s
identification
of
herself
as
the
United
States
Attorney,
notwithstanding
Judge
Currie’s
contrary
ruling.
She
shall
also
set
forth
the
reasons
why
this
Court
should
not
strike
Ms.
Halligan’s
identification
of
herself
as
United
States
Attorney
from
the
indictment
in
this
matter.
Ms.
Halligan
shall
further
explain
why
her
identification
does
not
constitute
a
false
or
misleading
statement.”
An
attorney
with
any
shred
of
respect
for
the
rule
of
law
would
be
committing
professional
seppuku
after
reading
those
words,
yet,
somehow
I
doubt
that’s
Halligan’s
takeaway.
And
she
now
has
a
week
to
come
up
with
an
explanation
that
somehow
reconciles
“Judge
Currie
ruled
I
am
not
the
U.S.
Attorney”
with
“I
keep
calling
myself
the
U.S.
Attorney
anyway.”
That’s…
quite
the
needle
to
thread.
Judge
Novak
is
forcing
a
reality
check
on
Halligan’s
imagined
authority,
one
that’s
desperately
needed.
Read
the
full
order
below.
Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of
The
Jabot
podcast,
and
co-host
of
Thinking
Like
A
Lawyer.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
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her
with
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tips,
questions,
or
comments
and
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@Kathryn1 or
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@[email protected].