The temporary U.S. attorney for the Eastern District of Virginia has stepped down after a brief tenure of 120 days in the role, following a legal conflict in which a federal judge questioned her authority and declined to appoint a successor, leading to an appeal regarding separation of powers.
Lindsey Harrigan, who is notably a former lawyer for President Trump, announced her resignation on Tuesday. She cited a federal judge’s ruling from November that deemed her appointment invalid, stating that a district court had the sole authority to name an interim replacement after the resignation of Eric Siebert.
According to Harrigan, this ruling led the court to effectively disqualify her, including the removal of her name from court documents.
Harrigan expressed her frustration, claiming, “I have been accused of lying in court and making false statements.” She mentioned an order to provide an explanation regarding her name’s inclusion in a court brief, which she viewed as a waste of resources that could have contributed to public safety. Reports indicated that during court sessions, U.S. Attorneys were openly told she should resign.
Despite declaring her appointment invalid, Harrigan pointed out the district court did not take the necessary actions to properly interpret the law to appoint a new U.S. attorney.
She noted that the court acted as if they had dismissed her by omitting her name and declaring her appointment illegal, yet no effort was made to fill the resulting vacancy.
“The court took no action to address the vacancy it said existed,” Harrigan stated. “Ultimately, this resulted in a power vacuum. The executive branch was informed it had no appointment authority, while the judiciary refused to utilize powers that it claimed were exclusively its own. This contradiction is currently under appeal.”
Attorney General Pam Bondi acknowledged Harrigan’s contributions during her time as interim U.S. attorney, emphasizing her focus on prosecuting violent criminals, which she believed was crucial for the safety of the over 6 million residents in Eastern Virginia.
Bondi also mentioned, “Democratic senators have weaponized the blue return process, making it unfeasible for Lindsey to extend her term.” Despite the legal challenges she faced, Harrigan took on this role at a pivotal time for the country, showing determination and responsibility.
She further noted that Harrigan’s resignation represented a considerable loss for the Department of Justice and the communities that relied on her service. Bondi remarked that the circumstances surrounding Harrigan’s exit were “grossly misguided,” vowing to pursue a review of the decision that hindered the ability to maintain public safety.
