Filed Date: Dec. 2, 2025
Case Ongoing
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On January 20, 2025, Jessica Aber, who had been nominated by President Biden and confirmed by the Senate, resigned from her position as U.S. Attorney for the Eastern District of Virginia. The Attorney General appointed Erik Siebert as Interim U.S. Attorney under 28 U.S.C. § 546. The judges of the district exercised their authority under the Federal Vacancies Reform Act of 1998 (FVRA) to appoint Siebert to continue this position. However, on September 19, 2025, Siebert resigned, citing concerns about the viability of pursuing charges against Comey and New York Attorney General Letitia James. Attorney General Bondi appointed Lindsey Halligan, a former White House aide with no prior prosecutorial experience, Interim U.S. Attorney for the Eastern District of Virginia two days later, on September 23, 2025.
On September 25, 2025, a grand jury sitting in the Eastern District of Virginia returned a two-count indictment against Comey. Halligan was the only prosecutor who participated in the Government’s presentation to the grand jury, and only her signature appears on Comey’s indictment. Comey then moved to dismiss the indictment on the grounds that Halligan's appointment was unlawful under 546 and violated the Appointments Clause. Senior Judge Cameron McGowan Currie was assigned to resolve this motion.
The court agreed that Halligan was appointed unlawfully. 2025 WL 3266932. Under Section 546, the Attorney General’s authority to appoint an interim U.S. Attorney lasts for a total of 120 days from the date she first invokes section 546 after the departure of a Senate-confirmed U.S. Attorney. If the position remains vacant at the end of the 120-day period, the exclusive authority to make further interim appointments under the statute shifts to the district court, where it remains until the President’s nominee is confirmed by the Senate. Judge Currie reasoned that since the Attorney General already appointed Mr. Siebert, Bond's appointment authority ended 120-days after Siebert had been appointed on January 21, 2025. Therefore, Halligan had been unlawfully serving since September 22, 2025.
The court then turned to whether dismissal of the indictment would be the appropriate remedy. The court concluded "that all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, constitute unlawful exercises of executive power and must be set aside. There is simply 'no alternative course to cure the unconstitutional problem.'" Judge Currie concluded that dismissal without prejudice would be appropriate because it would restore Comey to the position he occupied prior to being subjected to Halligan's invalid acts.
Separately, on December 2, 2025, a grand jury indicted Devante Aandrell Jefferson, the defendant, in the Eastern District of Virginia. Magistrate Judge Summer L. Speight was assigned to the case. After reviewing the indictment, the court noticed that Halligan identified herself as United States Attorney for the Eastern District of Virginia despite Judge Currie's order. On January 06, 2026, the court order Halligan to file a pleading explaining why she identified herself in contravention of Judge Currie's order and why this would not constitute a false of misleading statement, in violation of Virginia's Rules of Professional Conduct.
This case is ongoing.
Summary Authors
Jinan Abufarha (1/12/2026)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71984576/parties/united-states-v-jefferson/
Novak, David (Virginia)
Anthony, Stephen Eugene (Virginia)
Groover, Katherine Elizabeth (Virginia)
Woodward, Lawrence Hunter (Virginia)
See docket on RECAP: https://www.courtlistener.com/docket/71984576/united-states-v-jefferson/
Last updated Jan. 14, 2026, 2:01 a.m.
State / Territory:
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Trump Administration 2.0: Litigation and Investigations Involving the Government
Key Dates
Filing Date: Dec. 2, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The plaintiff in this case is the Department of Justice.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Davante Aandrell Jefferson, Private Entity/Person
Case Details
Other Dockets:
Eastern District of Virginia 3:25-cr-00160
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Presidential/Gubernatorial Authority: