"Since then, "her" office failed twice to re-indict James and got locked out of the Comey evidence entirely. With no appeal of the disqualification, judges in EDVA started to make irate noises about Halligan continuing to hold herself out as the US Attorney. Clearly the government had to make a move, or risk the district's judges making it for them."
"Judge Cameron Currie ruled that 28 USC § 546 allows the president to make one, and only one, interim appointment as US Attorney in any given federal district, after which the position may only be filled by a Senate-confirmed nominee or a judicially-installed placeholder. Trump effectively used up that appointment on Halligan's predecessor Erik Seibert, who was pushed out for refusing to indict Comey and James, and so Halligan's appointment was always a nullity."
The Justice Department filed notice of intent to appeal dismissals and will argue that Lindsey Halligan's successive interim role as Eastern District of Virginia US Attorney validates indictments. A judge disqualified Halligan on November 24, prompting dismissals after she had obtained indictments alone and after her office failed twice to re-indict one defendant and lost access to Comey evidence. Judges in EDVA protested Halligan's continued representation, prompting the DOJ to seek review in Richmond. Courts have consistently ruled that 28 U.S.C. §546 permits only a single interim appointment; Halligan's appointment follows a prior interim by Erik Seibert, rendering her appointment invalid under those rulings.
Read at Above the Law
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