Lindsey Halligan, special assistant to the president, speaks with a reporter outside the White House, Wednesday, Aug. 20, 2025, in Washington. (Jacquelyn Martin/AP)
"Compounding those legal errors, the Court fails even to correctly identify the date of the indictment in this case – a factual mistake that forecloses the premise of misconduct on which the Court’s inquiry is based," they said.
They stated further that Halligan's identification "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."
In addition, they said, Currie's determination on the validity of Halligan's appointment as it relates to Comey's and James's criminal cases is not binding – nor does it preclude the Justice Department from challenging that determination, or Halligan from legitimately heading up the U.S. attorney's office on other cases and matters.
"A contested legal position does not become a factual misrepresentation simply because one district judge has rejected it," the Justice Department said Tuesday. "In any event, this Court has no authority to strike Ms. Halligan’s title from the Government’s signature block."
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Attorney General Pam Bondi is pictured. (AP Photo/Mark Schiefelbein)
"As Attorney General Bondi and President Trump know well, Lindsey Halligan is an effective U.S. Attorney who is prosecuting violent crime at the hands of illegal aliens, prosecuting the alleged distribution by a Democrat operative of child sexual abuse material, and even prosecuting alleged money laundering by a Venezuelan national, which is exactly why her opponents want to stop her," a spokesperson for the Justice Department told Fox News Digital.
McBride's dismissal from EDVA was confirmed to Fox News Digital by individuals familiar with the matter, citing what they described as a refusal to take on significant cases, such a immigration-related cases — involving sanctuary city policies and drug enforcement issues, which have long been priorities of the Trump administration — and other matters.
Currie ruled in November that Halligan was unlawfully appointed to the role. Because Halligan was the sole prosecutor who secured the criminal indictments against Comey and James, Currie ruled that the indictments were invalid, dismissed Comey's case and James' case "without prejudice."
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That detail leaves the door open for the government to secure new indictments, should it choose to do so.
This is a developing news story. Check back soon for updates.
Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI and other national news. She previously covered national politics at the Washington Examiner and The Washington Post, with additional bylines in Politico Magazine, the Colorado Gazette and others. You can send tips to Breanne at Breanne.Deppisch@fox.com, or follow her on X at @breanne_dep.
https://www.foxnews.com/politics/former-trump-lawyer-halligan-defends-us-prosecutor-status-wake-comey-james-dismissals