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.
U.S. Secretary of the Department of Homeland Security Kristi Noem looks on during a meeting of the Cabinet in the Cabinet Room of the White House on January 29, 2026 in Washington, DC. (Win McNamee/Getty Images)
(MINNEAPOLIS) — Homeland Security Secretary Kristi Noem on Thursday said that in the aftermath of the fatal shooting of Alex Pretti in Minneapolis on Saturday, federal officials issued public statements about the incident based on “the best information” they had at the time and “what we knew to be true on the ground.”
Noem previously suggested on the day of the shooting that the agents’ actions were justified, claiming at a press briefing that Pretti had “attacked” officers and was “wishing to inflict harm” on them. But appearing Thursday on Fox News, Noem offered no evidence to support such claims, saying instead that the scene was “chaotic.”
After her initial statements, Minnesota officials were quick to push back on her public comments, pointing to the multiple videos from witnesses which appeared to tell a different story.
She said the FBI is now leading the investigation, though officials previously said DHS was investigating, with assistance from the FBI.
Noem’s shift in tone comes amid growing criticism of how quickly officials characterized the shooting. Some critics told ABC News that issuing definitive conclusions following immigration enforcement shootings is “incredibly irresponsible” and may undermine the long-term credibility of federal agencies.
The critics warned that rushing to label suspects as “domestic terrorists” — as White House adviser Stephen Miller and Noem did in the aftermath of the shooting deaths of Alex Pretti and Renee Good — or declaring shootings justified before evidence is reviewed represents a departure from the norm.
“It’s just incredibly irresponsible to rush to conclusions,” said John Sandweg, the former acting director of Immigration and Customs Enforcement during the Obama administration. “When you have a senior adviser to the president and the cabinet secretary saying, ‘These are the facts, this is what happened’ … you’ve now undermined all the credibility and really made it impossible for the public to have confidence in that investigation.”
‘Public trust is everything’ An ABC News review of several recent incidents involving federal immigration agents found a consistent pattern: high-level officials publicized findings within hours of gunfire, only for those initial accounts to be challenged later by body camera footage, witness videos or court filings.
In at least five major cases, officials appeared to make public declarations about the incidents before formal investigations had reached final conclusions about those assertions.
“Public trust is everything to these agencies, and it just destroys them when you tell something that is so visibly and obviously contradicted by the video evidence,” Sandweg said.
Jason Houser, a former ICE chief of staff under the Biden administration, told ABC News that the rush to conclusions suggests the focus has shifted away from public safety toward a political narrative.
“It just shows that this is about the political debate. It’s not about actually arresting the most convicted criminals,” Houser said. “It should … create a lot of distrust that can tear at the core trust in law enforcement, especially federal law enforcement.”
In response to questions regarding the swiftness of the administration’s public comments and the information released following major incidents, a DHS spokesperson said, “DHS follows proper legal processes and protocols for all statements disseminated by the Department.”
What Pretti video shows In the shooting involving Pretti, DHS officials released a detailed statement just two and a half hours after the incident, claiming he “approached” officers with a handgun. Miller labeled Pretti a “domestic terrorist” and a “would-be assassin” on social media less than four hours after the gunfire.
Noem, during her Thursday interview, responded to critics on Capitol Hill calling for her resignation by stating she is “following the law, and enforcing the laws like President Trump promised he would do.”
Video analyzed by ABC News showed agents pinning Pretti down and removing a weapon from his waist before the shooting occurred — contradicting the initial claims from officials. Three days later, Miller issued a statement acknowledging that the initial DHS account was based on “reports from CBP on the ground” and suggested protocol may not have been followed.
“Any experienced law enforcement professional will understand that initial information coming from the scene of a major incident is usually flawed, so you have to sort of take it with a grain of salt,” said John Cohen, an ABC News contributor who served as acting DHS undersecretary for intelligence and analysis under the Biden administration.
During Thursday’s appearance on Fox News, Noem said, “We will continue to follow the investigation that the FBI is leading and give them all the information that they need to bring that to conclusion and make sure the American people know the truth of the situation,” she said.
After announcing on Friday that the Justice Department opened a civil rights investigation into the shooting Pretti, Deputy Attorney General Todd Blanche told reporters that “a single video should not determine an entire investigation.”
“We have said repeatedly over the past week that of course this is something that we are investigating and that is what we would always do in circumstances like this,” Blanche said.
Earlier shootings: Renee Good, Marimar Martinez Following the shooting of Renee Good in Minneapolis on Jan. 7, DHS issued a statement within two hours declaring that a “violent rioter” had “weaponized her vehicle” in an “act of domestic terrorism.” According to an ABC News analysis of verified video, Good can be seen turning her steering wheel to the right — away from the ICE agent — just over one second before the first of three gunshots was fired.
In October, less than four hours after Marimar Martinez was shot five times by a Border Patrol agent in Chicago, a DHS assistant secretary posted that law enforcement was “forced” to fire defensive shots. A DHS statement that day labeled Martinez and another individual “domestic terrorists,” while Noem later characterized the incident as a “ten-car caravan” that “ambushed” and “stalked” agents.
During court hearings, an attorney representing Martinez told the court that body-worn camera footage did not align with the government’s allegations. A federal judge later dismissed the indictment against Martinez after the Department of Justice abruptly filed a motion to withdraw the case.
That same month, in an incident in California, DHS issued a statement claiming that during a vehicle stop, an “unknown individual” attempted to “run officers over by reversing directly at them without stopping.” The statement asserted that an ICE officer, “fearing for his life, fired defensive shots.”
However, a lawyer for Carlos Jimenez told ABC News that after an agent pulled out pepper spray, Jimenez began to maneuver his vehicle “to get around” and was shot in his back shoulder through the back passenger window.
Chicago shooting In another incident in September, an ICE officer shot and killed Silverio Villegas-Gonzalez outside Chicago. According to a lawsuit filed by the state of Illinois, Villegas-Gonzalez, a 38-year-old father, was driving home from dropping his three-year-old son at day care. A DHS statement issued hours after the shooting claimed an officer “fearing for his life” was “seriously injured.”
But the Illinois complaint and body camera video obtained by ABC owned station WLS-TV revealed the agent who fired the weapon described his own injuries as “nothing major.”
“Videos of the incident did not corroborate DHS’s assertion that the shooting officer was ‘seriously injured’ by a ‘criminal illegal alien,'” the lawsuit states.
Cohen, the former DHS official, noted that describing incidents as domestic terrorism before an investigation is complete could later be viewed in court as prejudicial.
“When you make commentary on these types of incidents to advance an ideological or political narrative or objective, you run the risk of putting out inaccurate information and as a result, losing the public’s confidence,” Cohen said.
Sandweg, the former ICE official, told ABC News the only responsible approach for officials is to remain restrained in their public statements until there is reliable information.
“The only approach is … ‘We’re aware, we are conducting a full investigation,'” Sandweg said. “Public trust … is everything to these agencies. Once you destroy that, it bleeds over into everything else they do.”
Les Wexner speaks onstage at the 2016 Fragrance Foundation Awards presented by Hearst Magazines – Show on June 7, 2016 in New York City. (Nicholas Hunt/Getty Images for Fragrance Foundation)
(WASHINGTON) — Members of the House Oversight Committee on Wednesday are set to depose retail billionaire Leslie Wexner, whose wealth fueled Jeffrey Epstein’s fortune before an alleged multimillion dollar theft ended their relationship, newly revealed documents suggest.
After learning that Epstein stole hundreds of millions from him in 2007, Wexner opted to quietly resolve the issue with Epstein, who at the time was being investigated by federal prosecutors for both sex crimes and money laundering, according to emails and a memo later drafted by prosecutors.
A vitally important person in the transformation of Epstein from college dropout to multimillionaire adviser to the ultra-wealthy, Wexner — a businessman behind brands like Victoria’s Secret and Bath & Body Works — has received substantial scrutiny over his association with Epstein since Epstein’s arrest and death by suicide in 2019.
Years after the two severed ties, prosecutors in New York initially included Wexner in a group of potential co-conspirators to be investigated after Epstein was arrested in July 2019, though they later determined there was “limited evidence regarding his involvement,” according to a recently-released 2019 email from an FBI agent who was part of the sex crimes investigation.
“The Assistant U.S. Attorney told Mr. Wexner’s legal counsel in 2019 that Mr. Wexner was neither a co-conspirator nor target in any respect,” a spokesperson for Wexner told ABC News in a statement following the release of Epstein files by the Department of Justice last month. “Mr. Wexner cooperated fully by providing background information on Epstein and was never contacted again.”
Lawyers for Wexner, in a meeting with federal prosecutors about two weeks after Epstein’s arrest, claimed that Wexner “had no knowledge of any inappropriate or unlawful activity with young women by Epstein” and that Wexner’s dealings with Epstein were “more professional than social,” according to a December 2019 prosecution memo summarizing the investigation into Epstein’s potential collaborators.
Wexner’s attorneys said the two ended their relationship after Wexner learned that “Epstein had stolen or otherwise misappropriated several hundred million dollars” from him, according to the memo. The memo stated that Epstein personally profited by repeatedly purchasing properties for the Wexners before buying them for himself at a fraction of the cost.
“The Wexners then decided to cut off Epstein,” prosecutors wrote in the memo summarizing their discussion with Wexner’s counsel.
‘All I can say is I feel sorry’ Epstein was — throughout 2007 — the subject of an ongoing investigation in Florida into sex crimes involving minors that had expanded to probe potential financial crimes and money laundering. The Wexners did not report the alleged theft of their funds to law enforcement and instead resolved the matter privately, according to prosecutors.
Wexner was contacted by federal prosecutors in Florida as early as August 2007 regarding the Epstein investigation, according to handwritten notes released last month by the Department of Justice. Notes from an August 2007 call between an attorney for Wexner and a DOJ representative suggest that prosecutors inquired about Wexner’s interactions with his “money manager,” documentation of their meetings, and whether Wexner ever visited Epstein’s home.
At the time, prosecutors had begun to broaden their investigation to not only cover sex crimes but also potential money laundering and wire fraud, documents suggest.
“She just wanted to know if Les has been to my house,” Epstein emailed his associate Ghislaine Maxwell in August 2007, in an apparent reference to the prosecutor’s contact with Wexner’s lawyer, according to emails obtained by DDOSecrets, a transparency website that received a cache of Epstein emails that were not included in the DOJ’s disclosures.
“That’s odd?? Why” Maxwell responded.
“It’s bulls—, she just wanted to let him know about an investigation is my guess,” Epstein wrote back.
It is unclear if Wexner was aware of the investigation into financial crimes when his attorney was contacted, but in the following months, Wexner began the process of ending Epstein’s role as his money manager, according to emails in the DDOSecrets collection between lawyers for Epstein and Wexner.
“All I can say is I feel sorry. You violated your own number 1 rule … Always be careful,” Wexler emailed Epstein in 2008 days before Epstein reported to prison for soliciting underage sex, according to documents included in DDOSecrets collection.
“No excuse,” Epstein replied.
‘She pretty much wants everything’ According to a 2019 prosecution memo, Wexner’s wife began to look into Epstein’s management of their money after Epstein claimed he was “having legal problems involving an overly aggressive police chief and some sort of massage.”
According to the memo, Abigail Wexner discovered Epstein “misappropriated a significant amount of the family’s funds,” including by purchasing property on the Wexners’ behalf before selling it to himself at a fraction of the cost.
“When confronted, Epstein tried to convince Wexner’s wife that she did not understand the financials and insisted that he had the Wexners’ best interests at heart,” the memo said. “The Wexners did not want to bring unnecessary public attention to the issue, so they withdrew the power of attorney, and hired counsel to negotiate a private settlement with Epstein.”
Epstein resigned from the foundation and all of his roles with Wexner in September 2007, according to an independent review conducted in 2020 of Epstein’s involvement with the Wexner Foundation.
“Mr. Wexner terminated Epstein as his financial advisor, revoked his power of attorney, and directed that he be removed from all bank accounts,” a spokesperson for Wexner said in a statement to ABC News.
As early as October 2007, emails indicate that Epstein began transferring assets back to Wexner.
“When speaking with [Abigail Wexner], she pretty much wants everything,” Wexner’s financial controller told an attorney for Epstein.
Later that year, an attorney for Wexner pushed the process along, telling an attorney for Epstein that his client “is eager to execute documents,” according to the DDOSecrets cache.
Prosecutors wrote in a 2019 memo that Epstein returned $100 million to Wexner by January 2008.
Though the dispute with Wexner was privately resolved by January 2008, Epstein’s attorneys appeared to have mounted a pressure campaign to discredit the prosecutor pursuing a money laundering investigation into Epstein, according to emails in the DDOSECRETS collection. Epstein had signed a non-prosecution agreement in September 2007, but his lawyers continued to negotiate with the government over its terms for several more months.
“In what can only be seen as an attempt to intimidate Mr. Epstein, Ms. Villafana [an assistant U.S. Attorney] then added money-laundering and unlicensed wire-transmittal to the list of violations under investigation even though there was no evidence against Mr. Epstein concerning these charges,” attorneys for Epstein wrote in a letter to the Office of Professional Responsibility dated Feb. 11, 2008.
By June 2008, Epstein began his jail sentence in Palm Beach after reaching the controversial plea deal that allowed him to avoid federal charges.
‘You and I had gang stuff for over 15 years’ Although Epstein and Wexner appear to have severed ties following Epstein’s plea deal, documents released by the DOJ suggest that Epstein may have attempted to rekindle their relationship in subsequent years by drafting a letter reminding Wexner of shared experiences and alleged secrets. In the letter, Epstein wrote that he protected him when he was questioned by Wexner’s wife about his management of their money.
“You and I had ‘gang stuff’ for over 15 years. A great deal of it, that she was unaware of. I had no intention of divulging any confidence of ours, no matter what accusations she made. And she made quite a few,” Epstein wrote in the draft note. Based on publicly available documents, it is unclear whether Epstein ever sent the note to Wexner.
Wexner publicly addressed his relationship with Epstein in August 2019 amid mounting public pressure, saying in a letter to his charitable foundation that he was “deceived” by Epstein.
“As the allegations against Mr. Epstein in Florida were emerging, he vehemently denied them. But by early fall 2007, it was agreed that he should step back from the management of our personal finances. In that process, we discovered that he had misappropriated vast sums of money from me and my family. This was, frankly, a tremendous shock, even though it clearly pales in comparison to the unthinkable allegations against him now,” Wexner wrote.
(NEW ORLEANS) — The federal government will be targeting New Orleans soon as its next city to ramp up immigration enforcement, sources with knowledge of the plans told ABC News.
At least 200 border patrol agents are expected in the city in the coming weeks, according to the source, who noted that plans are preliminary and could change.
The pending buildup of agents comes two weeks after the Border Patrol and other federal agencies increased their presence in Charlotte, North Carolina, and made over 250 arrests.
Greg Bovino, the commander-at-large of U.S. Customs and Border Protection (CBP), personally oversaw that effort and is expected to lead the New Orleans surge, sources said.
Bovino teased “next level” immigration enforcement in an X post Saturday, but didn’t say where.
“Hold on to your hats ladies and gentlemen, immigration enforcement is going next level,” he said.
Although Louisiana Gov. Jeff Landry, a Republican, has supported proposals for a federal surge and asked for the National Guard to be deployed in his state, schools and businesses have been bracing for the increased federal presence.
Several schools have sent warnings to parents and teachers in anticipation of the increased federal presence, with some offering free rides to school, according to Nola.com.