Judge Questions Harrigan’s Appointment as U.S. Attorney

A federal judge in Virginia has instructed Lindsay Harrigan to provide a written explanation for why she continues to refer to herself as the U.S. attorney for the Eastern District of the United States. This comes after a previous ruling deemed her appointment illegal back in November.

U.S. District Judge David Novak, appointed by President Trump in 2019, has given Harrigan a week to clarify how her self-identification does not involve any false or misleading claims.

This directive follows a ruling by Senior U.S. District Judge Cameron Curry, who dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James. Curry concluded that Harrigan lacked the legal authority needed to prosecute the long-time adversaries of President Trump.

Attorneys representing Comey and James argued that Harrigan needed Senate confirmation since Attorney General Pam Bondi had already used up the 120-day interim appointment period for Eric Siebert, who resigned after President Trump publicly criticized him for not pursuing charges against Comey.

Comey’s legal team contended that the Eastern District judge should have had sole discretion over who filled this vacancy.

In contrast, President Trump nominated Harrigan—a former beauty queen from Colorado and a Florida insurance lawyer—while also urging Bondy on social media to take action against Comey, James, and Senator Adam Schiff (D-Calif.).

Although Curry’s decision didn’t explicitly mandate Harrigan’s ousting, the Justice Department has filed an appeal. However, Novak noted that “no stay order has been issued in connection with that appeal,” indicating that Curry’s findings must still be regarded as legally binding within the district.