Halligan and Habba Rulings: Why Courts Said Two Trump Prosecutors Lacked Power

Two federal courts concluded that President Trump’s picks to run major U.S. attorney’s offices, Lindsey Halligan in Virginia and Alina Habba in New Jersey, were serving without lawful authority. The Halligan Habba rulings are about appointment law, not personal wrongdoing, though one judge also criticized statements Halligan made to a grand jury.

The Halligan ruling had the bigger effect: it led to the dismissal of the indictments against James Comey, the former FBI director, and Letitia James, New York’s attorney general. Both had denied the accusations. The administration says both appointments were lawful and has kept fighting.

Where it stands: When the 4th Circuit heard the appeal on September 15, 2026, Reuters wrote, a majority of the three-judge panel sounded skeptical of the Justice Department. No ruling had been issued as of late October 2026. Habba resigned in December 2025 after losing in the 3rd Circuit.

What are the Halligan Habba rulings about?

Both turn on how a U.S. attorney vacancy can be filled without the Senate. Normally the president nominates and the Senate confirms. When the post is empty, the attorney general can name an interim U.S. attorney under 28 U.S.C. 546, but only for a limited time.

The statute says an interim appointee may serve until a confirmed U.S. attorney takes office or “the expiration of 120 days after appointment by the Attorney General under this section.” After that, “the district court for such district may appoint a United States attorney to serve until the vacancy is filled.” A separate law, the Federal Vacancies Reform Act, sets its own rules for acting officials, including limits on who may serve as an acting officer if they were not the office’s first assistant.

Why did Judge Currie throw out the Comey and James cases?

Because, she found, the person who obtained the indictments had no power to do so. According to Reuters, Halligan’s predecessor, Eric Siebert, had already served a 120-day interim term, and Currie “concluded that Bondi did not have the authority to make another temporary appointment.”

Currie wrote: “Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice.” She did the same in the James case. Then-Attorney General Pam Bondi tried to ratify the appointment after the indictments, and Currie rejected that fix.

“Without prejudice” normally allows a case to be brought again by a properly appointed prosecutor. ABC News noted that with the limitation period on the Comey charge close to running out, it was unclear whether that case could be refiled. Comey and James both denied wrongdoing and said they were targeted with vindictive prosecutions, Reuters reported.

What did Magistrate Judge Fitzpatrick say about the grand jury?

In a separate November 2025 opinion in the Comey case, Magistrate Judge William Fitzpatrick ordered grand-jury materials disclosed to the defense. He said the court had found two statements by the prosecutor that “on their face appear to be fundamental misstatements of the law that could compromise the integrity of the grand jury process.”

He also wrote that “the record points to a disturbing pattern of profound investigative missteps.” Those are a judge’s assessments in a pretrial ruling, not a misconduct finding by a bar or disciplinary body. Halligan’s office said Fitzpatrick may have misinterpreted the context of her statements. We found no bar action against her.

How has the administration defended Halligan?

The White House and Justice Department say the appointment was valid. After Currie ruled, press secretary Karoline Leavitt said Halligan “is extremely qualified for this position, but more importantly, was legally appointed to it,” and the department appealed.

At the September argument, Chief Judge Albert Diaz said the government’s reading would permit a “limitless” number of interim appointments, sidestepping Senate approval, Reuters reported. Justice Department lawyer Henry Whitaker answered that, in practice, the department would not rely on an “endless stream” of temporary officials. Judge Henry Floyd asked, of an improperly appointed prosecutor: “What’s different with a man on the street?” The panel has not ruled, and comments at argument do not decide a case.

What did the courts decide about Habba?

The 3rd Circuit upheld a lower-court ruling that Habba was improperly serving. FOX 29 summarized the holding: “The court found that she served beyond the allowed temporary term without Senate confirmation.” The Washington Examiner reported that the judges found the chain of temporary designations “would effectively allow a presidential appointee to serve indefinitely without Senate confirmation.”

Habba stepped down, saying she did so “to protect the stability and integrity of the office,” and added: “Do not mistake compliance for surrender.” Bondi said the department would still seek further review and that Habba would return if the ruling were reversed. Habba became a senior adviser to the attorney general.

What could Congress do about interim U.S. attorneys?

Congress wrote both laws at issue and can rewrite them. It could shorten or lengthen the 120-day window, spell out whether an attorney general may make back-to-back interim appointments, or tighten the Vacancies Act rules for acting officials. The Senate, which confirms U.S. attorneys, can also move nominations faster or slower. We found no pending bill on this in our sources.

A Democratic majority could also hold oversight hearings on how the Justice Department filled these posts; the House-only scenario is laid out in our House majority explainer. These rulings sit alongside other formal decisions in our list of court findings involving Trump officials, and the wider record is on the corruption tracker.

Frequently Asked Questions

Why did a judge rule Lindsey Halligan was unlawfully appointed?

Judge Cameron McGowan Currie found in November 2025 that the attorney general’s 120-day interim appointment power had already been used in the Eastern District of Virginia, by Halligan’s predecessor, so Bondi could not make another temporary appointment. She also rejected Bondi’s attempt to ratify the appointment afterward.

Can the Comey and Letitia James cases be refiled?

Currie dismissed them without prejudice, which in principle allows refiling by a properly appointed prosecutor. ABC News reported that the limitation period for the Comey charge was close to expiring, so refiling that case was uncertain. The Justice Department chose to appeal; the appeals court decision was still pending in late October 2026.

What did the 3rd Circuit decide about Alina Habba?

It upheld a lower-court ruling that Habba’s time leading the New Jersey office was unlawful because she stayed past the temporary term without Senate confirmation. She resigned in December 2025 and became a senior adviser to the attorney general.

Did the judges find that Halligan or Habba committed misconduct?

No court found personal misconduct by either one. The central rulings concern legal authority to hold office. A magistrate judge criticized two statements Halligan made to a grand jury; her office disputed his reading of them.

What can Congress do about interim U.S. attorney appointments?

Congress writes the statutes at issue, 28 U.S.C. 546 and the Federal Vacancies Reform Act, and the Senate confirms U.S. attorneys. It could change the time limits or the rules on who may serve. We found no pending bill to do so in our sources.

Sources

• United States Code, Title 28, Chapter 35: United States Attorneys (including 28 U.S.C. 546) — U.S. Government Publishing Office, 2023 edition
• 5 U.S. Code § 3345 – Acting officer — Legal Information Institute, current
• Comey prosecutor made ‘fundamental misstatement’ of law to grand jurors, judge says — The National News Desk (via KATV), November 18, 2025
• Judge dismisses James Comey, Letitia James indictments; says prosecutor was illegally appointed — ABC News (via ABC7 New York), November 24, 2025
• Judges question DOJ bid to revive cases against Trump foes Comey, James — Reuters (via AOL), September 15, 2026
• Alina Habba resigns as U.S. Attorney for New Jersey after court ruling — FOX 29, December 8, 2025
• Habba resigns as acting U.S. attorney for New Jersey — Washington Examiner (via Denver Gazette), December 8, 2025

This article is news reporting and analysis based on the public sources listed above, as they stood on the dates shown. Where officials, lawmakers or analysts disagree, including on whether an action is lawful, their positions are attributed to them; Donald Trump Class Action is not a court and nothing here is legal advice. Facts in a developing story can change.