On the eve of her arraignment in Virginia federal court, lawyers for New York Attorney General Letitia James jacked up the pressure on White House aide-turned-prosecutor Lindsey Halligan — previewing a bitter fight over her ability to handle the case she brought at President Donald Trump’s behest.
James’ defense lawyers on Thursday asked a federal judge to reprimand Halligan for texting a reporter who leaked the conversation earlier this month. The lawyers called it “an unusual and improper occurrence” that violated strict court and Justice Department rules against revealing details about criminal cases.
“In initiating this contact, Ms. Halligan — the lead prosecutor on this case as of the date of this filing — commented on the credibility and general strength of the evidence presented to the grand jury,” they wrote, asking the judge to intervene “to prevent any further disclosures by government attorneys and agents of investigative and case materials.”
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Their request comes just before Halligan makes her first official appearance before U.S. District Judge Jamar K. Walker since the indictment was filed, an awkward start that will only highlight the underlying political tensions plaguing the case, which accuses James of lying on a real estate loan by renting out a second home in Norfolk, Virginia.
Halligan had no prosecutorial experience when the president appointed her to lead the U.S. Attorney’s Office in the Eastern District of Virginia, after publicly announcing his desire to pursue cases against several of his political enemies, including the New York AG and former FBI director James Comey — both of whom Halligan criminally charged immediately upon assuming the role.
Halligan’s actions earlier this month created a minefield she will now have to maneuver around. Anna Bower, a senior editor at the legal commentary and news website Lawfare, published a piece Monday describing how Halligan reached out to her privately over Signal to chide her for retweeting a New York Times piece questioning the strength of the evidence against James.
“I can’t tell you everything but your reporting in particular is just way off,” Halligan texted Bower, later adding, “You’re assuming exculpatory evidence without knowing what you’re talking about. It’s just bizarre to me.”
The attorney general’s legal team, led by Abbe Lowell, a go-to legal defense lawyer for high-powered politicians, is seizing on that conversation to accuse Halligan of publicly discussing what happened during the grand jury proceeding that led to the indictment, even if it was vague.
Halligan declined to comment when reached by NOTUS on Thursday evening.
James and her lawyers are cranking up the heat even further, telling the judge in a separate filing that they will call into question Halligan’s appointment as U.S. Attorney on Friday, adopting the same legal tactic as Comey recently did in his criminal case.
In that other case, filed in Alexandria, Virginia, the judge there referred the matter to the Fourth Circuit Court of Appeals, which assigned the challenge to Halligan’s authority to a South Carolina judge to ensure the matter is resolved by a jurist outside Halligan’s district in Virginia. Walker could take the same step, which would threaten to divert Halligan’s attention to twice defending her own credentials as she mounts two high-profile cases against Trump’s enemies.
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