Lawyers for former U.S. President Donald Trump; James Trusty, Lindsey Halligan and John Rowley, depart the U.S. Justice Department in Washington, U.S. June 5, 2023. REUTERS/Sarah Lynch/File Photo
A new court filing by disqualified former interim U.S. Attorney Lindsey Halligan is now accusing a judge appointed by President Donald Trump of committing a "gross abuse of power."
On Tuesday, All Rise News editor-in-chief Adam Klasfeld tweeted that Halligan — backed by Attorney General Pam Bondi and Deputy Attorney General Pam Bondi — attacked U.S. District Judge David J. Novak (who Trump appointed to the Eastern District of Virginia in 2019) as "flat wrong" for suggesting that Halligan should no longer call herself a U.S. attorney due to her prior disqualification. Klasfeld called the filing an "extraordinary, pugilistic brief."
The DOJ's briefing submitted Tuesday is Halligan's official response to an order Novak handed down last week giving the disqualified prosecutor seven days to explain why she continues to wrongly use the title of U.S. attorney given that senior U.S. District Judge Cameron McGowan Currie (an appointee of former President Bill Clinton) in November disqualified her in a binding ruling.
In the 11-page filing, Halligan, Bondi and Blanche used former DOJ special counsel Jack Smith as an example of why Judge Currie's order was not binding. They noted that when Trump-appointed U.S. District Judge Aileen Cannon dismissed Smith's 37-count felony indictment of the then-former president, she also deemed him to be improperly appointed under the Appointments Clause of the U.S. Constitution as he was never confirmed by the U.S. Senate, yet Smith continued to use his special counsel title in subsequent briefings. This is despite multiple DOJ special counsels appointed under both Democratic and Republican presidents never having been confirmed by the full Senate and still having their findings respected and found credible.
Klasfeld observed that Halligan and DOJ leadership accused Novak of making a "rudimentary error," and of using his powers as a judge as a "cudgel" against the executive branch. They also referred to his order demanding Halligan explain her continued use of the U.S. attorney title as an "inquisition."
"To put it mildly, this isn't the type of language one typically sees by a party addressing a judge," Klasfeld tweeted. "Halligan, Blanche and Bondi downplay the ruling disqualifying Halligan as a 'disagreement' with the government, which they say isn't binding on any other case."
Trump initially named Halligan as acting U.S. attorney in the Eastern District of Virginia after former U.S. Attorney Erik Siebert was forced to resign after declining to bring charges against former FBI Director James Comey and New York Attorney General Letitia James, who are two of Trump's most high-profile political opponents. Halligan indicted both Comey and James shortly after replacing Siebert, though both indictments were dismissed after Judge Currie disqualified her.
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