Key Takeaways
• Former FBI Director James Comey is challenging Lindsey Halligan’s interim U.S. attorney appointment in Virginia.
• Federal law limits interim U.S. attorneys to 120 days unless the Senate confirms them or judges extend their term.
• Similar cases in New Jersey and Los Angeles failed after they exceeded the 120-day limit.
• Comey argues these moves undermine the rule of law and asks the court to remove Halligan.
Former FBI Director James Comey filed a court challenge to stop Lindsey Halligan’s interim U.S. attorney appointment in Virginia. He says she was never confirmed by the Senate, making her rise to power unlawful. Moreover, he points to other cases where interim prosecutors exceeded the allowed time. If the court agrees, Halligan must step down.
How the U.S. Attorney Appointment Rule Works
Under federal law, an interim U.S. attorney serves only 120 days. After that, the Senate must confirm a nominee. If the Senate does not act, district judges may appoint someone instead. However, the judge’s appointment also has limits and must follow strict rules. These rules protect the Senate’s power to vet top prosecutors. Without a confirmed U.S. attorney appointment, federal cases could face delays or challenges.
Past Battles Over Interim Jobs
In New Jersey, Alina Habba reached the 120-day limit. To keep her in office, the Trump administration renamed her “Special Attorney” under a different statute. A federal judge later ruled that move unlawful and removed her.
In Los Angeles, Bill Essayli also passed his 120 days. He spoke on a far-right show and hinted at legal tricks to stay on the job. A legal expert called his comments “unwise public boasting.” Courts have since challenged his U.S. attorney appointment, just like Habba’s.
Comey’s Challenge in Virginia
Comey’s lawyers argue that Halligan’s appointment mirrors these past mistakes. They say she took office without Senate approval and now faces the same 120-day deadline. By pointing to New Jersey and Los Angeles, Comey wants the court to rule her service unlawful. As he puts it, allowing these shortcuts harms the rule of law and sets a dangerous precedent.
What’s at Stake
If Halligan must leave, it could disrupt federal court work in Virginia. Ongoing investigations and prosecutions might stall. Moreover, a court victory for Comey would reinforce the Senate’s role in U.S. attorney appointment. It would also warn future administrations against by-passing Senate approval. In addition, it would remind judges to watch interim appointments closely.
Why the Senate’s Role Matters
The Constitution gives the President power to nominate U.S. attorneys. The Senate must hold hearings and vote. This process ensures transparency and accountability. Skipping it weakens checks and balances. Moreover, public trust in federal prosecutors can fall if leaders seem to dodge proper vetting.
Lessons from Habba and Essayli
These cases show that creative work-arounds often fail. Courts have struck down attempts to extend interim terms. Judges insist on following the statute’s plain text. In fact, when officials try to twist the rules, judges have acted swiftly. Thus, future administrations should heed these rulings before moving forward.
How the Court Could Decide
The court will review federal law and past decisions. It will weigh whether Halligan’s appointment violated the 120-day rule. If the judge sides with Comey, the district court or Senate must pick a new U.S. attorney. Conversely, if the court allows Halligan to stay, it could open the door to more creative appointments. Either way, the decision will matter for other pending and future cases.
What Happens Next
First, the court will set a hearing date. Both sides will present arguments. Comey’s team will cite the Habba and Essayli rulings. The Justice Department will defend Halligan’s appointment. After the hearing, the judge may issue a ruling quickly. If Halligan must step down, the district court judges could appoint a replacement or wait for a Senate‐confirmed nominee.
FAQs
Why did Comey challenge Halligan’s appointment?
Comey argues Halligan served beyond the 120-day limit without Senate approval, making her interim U.S. attorney appointment unlawful.
What is the 120-day rule?
Federal law allows interim U.S. attorneys to serve only 120 days. After that, the Senate must confirm or district judges must appoint a successor.
How did New Jersey and Los Angeles cases influence Comey’s fight?
In New Jersey, a judge removed Alina Habba after she passed 120 days. In Los Angeles, courts challenged Bill Essayli for the same reason. Comey used these examples to support his case.
What could the court ruling mean for future appointments?
A ruling for Comey would reinforce Senate confirmation power and limit creative appointment tactics. A ruling against him could invite new work-arounds for interim U.S. attorney appointments.