A conflict between the judicial and executive branches regarding the appointment of interim U.S. Attorneys recently escalated in the Eastern District of Virginia (EDVA). Federal judges appointed James Hundley as the interim U.S. Attorney, a decision promptly overturned by the Justice Department, which asserted presidential authority in such appointments.
This latest development follows months of legal challenges surrounding the previous interim appointee, Lindsey Halligan, whose appointment was ruled unlawful by federal judges, leading to the dismissal of high-profile cases against former FBI Director James Comey and New York Attorney General Letitia James.
Hundley Appointed, Swiftly Fired by Justice Department
On Friday, federal judges in the Eastern District of Virginia appointed James Hundley, a Virginia defense attorney with over three decades of experience, as interim U.S. Attorney. Chief U.S. District Judge M. Hannah Lauck formally administered the oath of office in Richmond.
Shortly after Hundley's appointment was made public, Deputy Attorney General Todd Blanche announced his termination via social media. Blanche stated emphatically that the President, not EDVA judges, selects the U.S. Attorney. White House deputy chief of staff Dan Scavino also commented on the matter. Hundley acknowledged his dismissal by the President and affirmed his continued support for the country's justice system.
The Justice Department asserted presidential authority in the appointment of U.S. Attorneys, overturning the judges' decision just hours after Hundley's swearing-in.
EDVA Leadership Dispute: A Precedent of Challenges
The leadership of the U.S. Attorney's Office for the Eastern District of Virginia has been subject to intense judicial scrutiny for several months.
Lindsey Halligan's Contentious Appointment
Lindsey Halligan, a former personal attorney for President Donald Trump and a White House aide with no prior prosecutorial experience, was appointed interim U.S. Attorney for the EDVA in September. Her appointment followed the resignation of Erik Siebert, the previous interim U.S. Attorney, who reportedly stepped down amid concerns about the strength of evidence in potential criminal investigations.
Halligan, sworn in on September 22, secured a two-count criminal indictment against former FBI Director James Comey just three days later, shortly before the statute of limitations was set to expire. Two weeks after that, she secured an indictment against New York Attorney General Letitia James on charges of bank fraud and making false statements to a financial institution. This alleged a mortgage loan for a Virginia property was obtained under terms for a secondary residence but used as a rental investment. Both Comey and James pleaded not guilty and challenged Halligan's appointment and the cases' alleged political motivations. Court documents indicated Halligan was the sole prosecutor to present information to the grand jury in both cases.
Judicial Rulings Lead to Dismissals
In November, U.S. District Judge Cameron McGowan Currie ruled that Halligan's appointment was unlawful. Judge Currie determined that the federal statute limiting interim U.S. attorneys to 120 days in the position had expired. The 120-day period began when Halligan's predecessor, Erik Siebert, was appointed in January. According to the judge's interpretation of federal law, after this period, the authority to fill such a vacancy rests with district court judges, not the Attorney General.
"All actions flowing from Ms. Halligan's defective appointment," including the indictments against Comey and James, "were unlawful exercises of executive power and are hereby set aside."
The dismissal was made "without prejudice," meaning the Justice Department could potentially re-file the cases. The Justice Department subsequently appealed Judge Currie's ruling. Following the dismissal, a grand jury declined to re-indict Letitia James on bank fraud charges, though prosecutors indicated an intent to seek an indictment again.
Continued Scrutiny and Halligan's Exit
The controversy continued when U.S. District Judge David Novak ordered the Justice Department and Halligan to provide a legal explanation for Halligan's continued use of the U.S. Attorney title on court documents. In a joint response, Attorney General Pam Bondi, Deputy Attorney General Todd Blanche, and Halligan characterized Judge Novak's inquiry as a "gross abuse of power" and an attempt to "coerce the Executive Branch into conformity."
In late January, Halligan departed her position. Attorney General Pam Bondi stated that Halligan's 120-day appointment had expired and attributed her departure to "multiple unnecessary legal obstacles." On the same day, Judge Novak issued an order prohibiting Halligan from representing herself as the U.S. Attorney in court, citing potential disciplinary referrals. Simultaneously, Chief Judge M. Hannah Lauck posted a job opening for an Interim U.S. Attorney for the Eastern District of Virginia.
Broader Implications and Ongoing Developments
The dispute in Virginia is one of several instances where federal judges have deemed administration-appointed temporary U.S. Attorneys to be serving unlawfully. Similar orders have been issued in New York, New Jersey, California, and Nevada.
The Justice Department maintains that the President and Attorney General possess the legal authority to select their own prosecutors and has appealed several of these judicial rulings, asserting that its appointments are lawful. Critics, however, contend that the administration's actions circumvent the Senate's confirmation process for permanent U.S. Attorneys.
New Referrals Against Letitia James
Bill Pulte, a former official from the Trump administration, submitted new criminal referrals to federal prosecutors in Miami and Chicago against New York Attorney General Letitia James. The referrals pertain to alleged homeowner's insurance fraud. The Justice Department confirmed receipt of the referrals. James' attorney, Abbe Lowell, described these actions as an "abuse of power" and a "vendetta."
Key Personnel Changes
Robert McBride, the second-highest ranking federal prosecutor in the Eastern District of Virginia, was reportedly fired after declining to lead the Justice Department's prosecution of James Comey.
Pre-existing Legal Actions
Letitia James initiated a civil lawsuit against Mr. Trump for alleged misrepresentation of his real estate asset values. A New York judge ruled against Mr. Trump and his company, finding them liable for fraud, but an appellate court later nullified the financial judgment.