Judge orders DOJ to explain why Lindsey Halligan is still using the title of US attorney
Lindsey Halligan, holds ceremonial proclamations to be signed by US President Donald Trump, not pictured, in the Oval Office of the White House in Washington, DC, US, on Thursday, March 6, 2025. Al Drago/Bloomberg via Getty Images
(WASHINGTON) — A federal judge wants to know why Lindsey Halligan is still using the title of U.S. attorney despite a judge ruling in November that she is legally not in the position.
Halligan, who was appointed by President Donald Trump to be the acting U.S. attorney in the Eastern District of Virginia, was found by a judge to not be legally allowed to serve in the role because the law doesn’t allow the position to be filled by two interim nominees in a row.
The ruling came two months after Halligan secured indictments against former FBI Director James Comey and New York Attorney General Letitia James, only to have them thrown out due to her unlawful appointment.
The issue stems from a recent case in which Halligan, on the indictment, represents that she is the U.S. attorney and “did so despite a binding Court Order entered by Senior United States District Judge Cameron McGowan Currie on November 24, 2025, in which Judge Currie found that the ‘appointment Ms. Halligan as Interim U.S. Attorney violated 28 U.S.C. § 546 and the Appointments Clause of the U.S. Constitution,'” U.S. District Judge David Novak wrote in a filing Tuesday.
Judge Novak said that while the government is appealing the ruling, it is not subject to being ignored. He ordered the government to explain why Halligan has identified herself as the U.S. attorney within seven days.
“Ms. Halligan shall further explain why her identification does not constitute a false or misleading statement,” the judge wrote.
A Justice Department spokesperson did not immediately respond to a request for comment from ABC News.
Halligan, one of Trump’s former personal attorneys, was named U.S. attorney by Trump in September after Trump ousted her predecessor, Erik Siebert, who sources say had expressed doubts internally about bringing cases against James and Comey.
Because Siebert himself had been named interim U.S. attorney by Trump last January, Judge Currie ruled that Halligan’s appointment as interim U.S. attorney violated the Constitution’s Appointments Clause that limits how long prosecutors can serve without Senate confirmation.
The entrance to a U.S. Immigration and Customs detention facility in Dallas, Texas (Brandon Bell/Getty Images)
(DALLAS) — An Afghan immigrant who died after being in immigration custody for one day worked alongside U.S. forces during the war in Afghanistan, according to an immigrant advocacy group.
Mohommad Nazeer Paktyawal, 41, died last week at an Immigration and Customs Enforcement field office in Dallas, Texas. He is the 43rd person to die in ICE custody during the second Trump administration, according to lawmakers.
According to ICE, 36 detainees have died in ICE custody since Jan. 23, 2025. By federal law, ICE makes public all reports regarding detainee deaths while in custody within 90 days, according to the agency.
“For many years, Nazeer worked alongside American forces during the war in Afghanistan,” the group AfghanEvac said in a statement on behalf of Paktyawal’s family. “It was dangerous work, but he believed in helping bring stability to his country and protecting the people around him. After Afghanistan fell, the United States helped evacuate our family in 2021, and we came here hoping for safety and a better life.”
An ICE statement Sunday said that Paktyawal died Saturday morning at Parkland Hospital in Dallas, Texas, following his arrest the day before. It described Paktyawal as “a criminal illegal alien from Afghanistan” who had “a known criminal history,” including an arrest for alleged SNAP fraud and another for alleged theft, both last year.
The ICE statement did not address whether Paktyawal had assisted U.S. troops in Afghanistan, as AfghanEvac claimed.
AghanEvac said in their statement that Paktayawal had an open asylum application and did not have any criminal convictions. ABC News has so far been unable to independently confirm claims about Paktayawal’s alleged criminal record.
The Department of Homeland Security on Monday confirmed that Paktayawal entered the U.S. in 2021 but said that his parole expired in August 2025. The agency did not address questions about an active asylum application.
“In the late evening of March 13, ICE contacted Emergency Medical Services when Paktiawal [sic] began complaining of shortness of breath and chest pains while in an ICE Dallas Field Office processing hold room,” the ICE statement said. “He was immediately transported to Parkland Hospital and received breathing treatment. The ER doctor recommended that he remain in the hospital for observation.”
“Early March 14, Paktiawal was eating breakfast when medical staff noted that his tongue had become swollen, prompting a medical response. After multiple lifesaving efforts were attempted, he was declared deceased at 9:10 a.m.,” according to the ICE statement.
Paktyawal “did not report any prior medical history” at the time of his arrest, the ICE statement said.
In a statement to ABC News on Monday, DHS Deputy Assistant Secretary Lauren Bis said Paktyawal’s tongue was swollen and said that he “received an epinephrine drip.”
“Later that day, medical staff began cardiopulmonary resuscitation,” Bis further said. “At approximately 9:10 a.m. CDT, a physician at Parkland Hospital pronounced Paktyawal deceased after multiple resuscitative efforts, including mechanical device and medical professional interventions.”
“No one in ICE custody is denied access to proper medical care,” Bis added. “It is a longstanding practice to provide comprehensive medical care from the moment an alien enters ICE custody.”
AfghanEvac stated that Paktyawal was preparing to drive his children to school when he was detained March 13.
“His children watched as he was surrounded and taken away,” the group said. “We still cannot understand how this happened. He was only 41 years old and was a strong and healthy man.”
Paktyawal served as an Afghan special forces soldier beginning in 2005 and worked alongside U.S. Army Special Forces for more than a decade, according to AfghanEvac, and was evacuated by the U.S. on Aug. 30, 2021, and resettled in Texas through Catholic Charities. Paktyawal had completed his asylum interview and held a work authorization and a valid Social Security number, AfghanEvac said.
The group said Paktyawal contacted his family members shortly after being detained on March 13 and said that he was not feeling well. He was admitted to a local hospital in Dallas that night and the family was informed on March 14 that Paktyawal had died.
“Mr. Paktyawal’s asylum case remained pending with U.S. Citizenship and Immigration Services at the time of his detention,” AghanEvac said in a statement.
“While ICE’s statement focuses on past allegations, the circumstances surrounding Mr. Paktyawal’s detention and death remain unclear,” the group added. “According to information currently available, those arrests did not result in criminal charges nor had Mr. Paktyawal been convicted of any crimes.”
NYPD officers help rescue an injured bald eagle on the Hudson River in New York, Feb. 17, 2026. (NYPD)
(NEW YORK) — While surveying ice during a training exercise on the Hudson River on Tuesday, a New York City police officer with the department’s Harbor Unit spotted something unusual.
“Last week, when it was cold, a lot of stuff was getting stuck in the ice, whether it was a float, a buoy, but it looked different,” Officer Michael Russo told reporters on Wednesday. “I could see this white head from a distance. So I said, let’s get a little closer. I said, it looks like an eagle. And turns out it was an American bald eagle.”
Russo, a 16-year veteran of the NYPD’s Harbor Unit, said officers have rescued distressed boaters, sick cruise ship passengers and animals such as dogs while patrolling the city’s waterways. Though a bald eagle was a first.
The injured bird was screeching, wet and bloody, and as the boat approached, it didn’t leave the ice it was floating on, officers said.
Officers said they consulted with the state’s Department of Environmental Conservation to see if they should retrieve the bird, and once given the go-ahead, looked up how to safely do that.
“As we got closer, we put a plan together,” Russo said. “We used a catch noose to kind of subdue its wings from flapping and its claws.”
Another officer, Sgt. Michael Amello, then put a cloth over the bird’s head, to help keep it calm, and got it on board the boat.
“Once we did that, it really didn’t give us a hard time,” Russo said. “I think it kind of knew that we were trying to help it.”
The officers were worried about the bird’s large talons throughout the rescue.
“They don’t really train you for, you know, handling a bald eagle, but we made it work,” Amello told reporters. “It was impressive and kind of scary at the same time, being that close to a bald eagle. The talons were pretty long. But it came on, didn’t put up much of a fight. It was compliant.”
The officers kept the bird on board until they were able to meet with personnel from the state’s Department of Environmental Conservation.
“It’s an impressive creature. Even in its state, we were kind of taken back by how big it is and just the way it is, and the beauty of it,” Det. Nicholas Martin with the NYPD Harbor Unit told reporters. “It was impressive, to say the least.”
The bald eagle has since been brought to a sanctuary in New Jersey and was reported to be in stable condition, officers said.
The Raptor Trust, a wild bird rehabilitation center in Millington, New Jersey, said Wednesday that the bird is in their care and is “currently in very serious condition.”
“We are doing our best to keep the bird stable, and should it improve, we will do further diagnostics, x-rays and blood work to help determine a course of action going forward,” the center said in a statement.
(NEW YORK) — The Powerball jackpot has soared to one of the largest in the lottery game’s history.
The current jackpot is estimated to be $1.6 billion ahead of Monday night’s drawing. That would make it the fourth-largest in Powerball history and the fifth-largest among U.S. lottery jackpots.
The estimated cash value of the current jackpot is $735.3 million.
Both figures are before taxes.
A player who wins the Powerball jackpot can choose between the lump sum payment or an annuity option, in which one immediate payment is received followed by 29 annual payments that increase by 5% each year.
The odds of winning the jackpot are 1 in 292.2 million, according to Powerball.
The game’s jackpot was last won in September, when two tickets in Missouri and Texas split the $1.787 billion prize — Powerball’s second-largest jackpot ever.
The game’s largest prize ever was $2.04 billion, won on Nov. 7, 2022, in California.
Tickets are $2 per play and are sold in 45 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands. Monday night’s drawing is at 10:59 p.m. ET.