Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

LetMyPeopleVote

(175,251 posts)
2. Here is the filing by Halligan and the DOJ
Tue Jan 13, 2026, 04:39 PM
12 hrs ago



Contrary to this Court’s 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 Government’s signature
blocks. Indeed, Judge Currie did not issue any remedy beyond those two cases—she simply
dismissed the indictments without prejudice. Comey, ECF No. 213 at 28–29; James, ECF No.
140 at 25–26; see Dismissal, Black’s Law Dictionary (12th ed. 2024) (Dismissal is the
“[t]ermination of an action, claim, or charge.”). In fact, Judge Currie rejected the defendant’s
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 Attorney—a position the United States has maintained in part based on internal
legal advice from the Department of Justice’s 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 Court’s invocation of
professional ethics rules reflects a fundamental category error. Ethical rules regulate attorney
conduct – not the Government’s adoption or maintenance of a contested legal position.
Charging disagreement with a court’s 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 Court’s inquisition directly: “the basis for Ms. Halligan’s identification
of herself as the United States Attorney, notwithstanding Judge Currie’s contrary ruling” is
that, in the Government’s view, Ms. Halligan is the United States Attorney, and Judge Currie’s
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. Halligan’s 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. Halligan’s “identification does not constitute a false or misleading
statement.” It is correct and consistent with the Department of Justice’s internal guidance, and
at minimum reflects a contested legal position that the United States is entitled to maintain
notwithstanding a single district judge’s 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 Court’s 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.

Recommendations

2 members have recommended this reply (displayed in chronological order):

Latest Discussions»General Discussion»Disqualified Trump appoin...»Reply #2