Trump admin pushes to restore Lindsey Halligan to U.S. Attorney post

The Department of Justice on Tuesday asked a federal appeals court to reinstate criminal cases against two of President Donald Trump's political opponents after a ruling that the acting U.S. attorney who brought them was not properly appointed to the post.

The DOJ previously brought criminal cases against former FBI Director James Comey and New York Attorney General Letitia James while Lindsey Halligan served as acting U.S. Attorney for the Eastern District of Virginia. Halligan's appointment followed the departure of the previous officeholder and was deemed illegal by a federal judge.

The Tuesday appeal to the Fourth Circuit Court of Appeals saw the DOJ ask a three-judge panel to determine that Halligan had been legitimately appointed, Politico reported. The outlet opined that the judges had not seemed to clearly favor ruling one way or the other, but documented an exchange about the potential consequences of finding for the administration.

Under the administration's view, U.S. District Judge Albert Diaz opined, a president could "just continue with a succession of appointments, thereby essentially cutting off both the court, the district court, and the Senate’s advice and consent power. Isn’t that true?”

Counsel for the DOJ conceded the point.

First Assistant United States Attorney Theophani Stamos currently leads the U.S. Attorney's Office for the Eastern District of Virginia and there is no Senate-confirmed officeholder in the top post.

Ben Whedon is the Chief Political Correspondent for Just the News. Follow him on X.