Friday, January 9, 2026

Two Trump appointed attorneys disqualified (one for claiming to hold office she does not; another after the court found he did not have a right to hold the office)

Back in November of 2025, a federal District Judge found that Lindsey Halligan's appointment as interim US Attorney was unlawful, and that, therefore, she had no authority to hold the office she claimed to hold at the time.  As you probably remember, this is the insurance lawyer with no prosecutorial experience that the Trump administration appointed, among other things, to bring charges against James Comey.  

Although the government appealed the judge's opinion and order, no court has issued a stay which means the order remains in place.  

For that reason, earlier this week, another federal judge was surprised to see that Ms. Halligan has continued to appear before his court still claiming to be a US Attorney, and promptly ordered her to explain herself and to explain why her conduct does not constitute a false or misleading statement in violation of professional conduct rules.  

The Hill and Above the Law have the full story (and the judge's order).

Meanwhile, in New York, another federal judge has disqualified the top federal prosecutor in upstate New York and blocked subpoenas his office issued to state Attorney General Letitia James finding that the lawyer's service as acting U.S. attorney for the Northern District of New York “was and is unlawful” because the Justice Department maneuvered to keep him in the role after judges declined to extend his tenure, in violation of statutory procedure.

Again, The Hill and Above the Law have the story.

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