
Contrary to this Courts suggestion, nothing in the Comey and James dismissal orders
prohibits Ms. Halligan from performing the functions of or holding herself out as the United
States Attorney. Although Judge Currie concluded that Ms. Halligan was unlawfully appointed
under Section 546, she did not purport to enjoin Ms. Halligan from continuing to oversee the
office or from identifying herself as the United States Attorney in the Governments signature
blocks. Indeed, Judge Currie did not issue any remedy beyond those two casesshe simply
dismissed the indictments without prejudice. Comey, ECF No. 213 at 2829; James, ECF No.
140 at 2526; see Dismissal, Blacks Law Dictionary (12th ed. 2024) (Dismissal is the
[t]ermination of an action, claim, or charge.). In fact, Judge Currie rejected the defendants
request in James to enjoin Ms. Halligan from performing any functions or duties of an interim
U.S. Attorney, James, ECF No. 22 at 16. See James, ECF No. 140 at 25......
It is the United States position that Ms. Halligan was properly appointed as interim
United States Attorneya position the United States has maintained in part based on internal
legal advice from the Department of Justices Office of Legal Counsel. That Judge Currie
dismissed two indictments based on her disagreement with that position does not prevent the
United States from otherwise maintaining it. Furthermore, the Courts invocation of
professional ethics rules reflects a fundamental category error. Ethical rules regulate attorney
conduct not the Governments adoption or maintenance of a contested legal position.
Charging disagreement with a courts interpretation of federal law, particularly where that
interpretation is on appeal, as professional misconduct would turn advocacy itself into a
sanctionable ethics violation. .....
To answer the Courts inquisition directly: the basis for Ms. Halligans identification
of herself as the United States Attorney, notwithstanding Judge Curries contrary ruling is
that, in the Governments view, Ms. Halligan is the United States Attorney, and Judge Curries
ruling did not and could not require the United States to acquiesce to her contrary (and
erroneous) legal reasoning outside of those cases. [T]he reasons why this Court should not
strike Ms. Halligans identification of herself as United States Attorney from the indictment in
this matter are that no authority exists for a court to strike an attorney title out of a signature
block, and certainly not on its own motion.
Finally, Ms. Halligans identification does not constitute a false or misleading
statement. It is correct and consistent with the Department of Justices internal guidance, and
at minimum reflects a contested legal position that the United States is entitled to maintain
notwithstanding a single district judges contrary view. For these reasons, the Court should
deem this response sufficient, withdraw its January 6, 2026 order, and permit this prosecution
to proceed without further collateral inquiry into matters beyond the Courts authority.
I have never seen a party in effect attack and insult a federal judge like this. I would NOT be surprised to see some sanctions.