Watchdog Files Bar Complaint Against Trump Prosecutor on Comey, James Cases

As former Federal Bureau of Investigation Director James Comey and New York Attorney General Letitia James work to have the criminal charges against them dismissed, a watchdog group on Tuesday filed a bar complaint against Lindsey Halligan, who is spearheading the cases as interim US attorney for the Eastern District of Virginia.

The Campaign for Accountability (CfA) sent the complaint to the Florida Bar and the Virginia Bar, which both have jurisdiction because Halligan is a Florida-licensed lawyer practicing in Virginia. She previously served as a defense attorney for President Donald Trump, and before her current job, she had no prosecutorial experience.

In September, shortly after Halligan took over for Erik Siebert, who declined to bring charges against Comey or James, the ex-FBI director was charged with lying to Congress—and Trump vowed that "there'll be others." In early October, James—who successfully prosecuted Trump for financial crimes before his second term—was indicted for mortgage fraud. Critics argue both cases are part of the administration's broader effort to punish the president's "enemies."

The CfA complaint outlines how Halligan may have violated Virginia's rules for attorneys that require candor to the court and competence, and prohibit extrajudicial statements, the prosecution of a charge the prosecutor knows is not supported by probable cause, and conduct involving dishonesty, deceit, misrepresentation, or conduct prejudicial to the administration of justice.

"We are asking the Virginia and Florida bars to investigate, making clear that a government appointment is not a hall pass for unethical behavior."

In addition to violating the Virginia and Florida rules for lawyers, Halligan may have violated her oath to "support the Constitution of the United States" and to "faithfully discharge the duties of the office of attorney and counselor at law," the document explains. "More generally, Ms. Halligan's actions appear to constitute an abuse of power and serve to undermine the integrity of the Department of Justice (DOJ) and erode public confidence in the legal profession and the fair administration of justice."

Along with laying out Halligan's actions in the Comey and James cases, the complaint notes her related correspondence on the messaging application Signal with Lawfare's Anna Bower, which the journalist reported on in detail.

"Ms. Halligan's actions with respect to the prosecution of Mr. Comey and Ms. James, and her Signal exchange with Ms. Bower, appear to represent a serious breach of her ethical obligations," the complaint says. "Her conduct undermines the integrity of the DOJ, appears to have violated multiple provisions of the Virginia and Florida rules of professional conduct, and undoubtedly will erode public trust in the legal system if permitted without consequence."

"The committee has a responsibility to stop Ms. Halligan from abusing her position and her Florida bar license for improper purposes," the document stresses. "Failing to discipline Ms. Halligan under these egregious circumstances will embolden others who would use our system of justice for their own political ends."

"Campaign for Accountability respectfully requests that the Committees in both states conduct a thorough investigation into these allegations, determine if any violation occurred and, if so, impose appropriate disciplinary measures," the complaint concludes.

The group's executive director, Michelle Kuppersmith, said in a statement that "it is difficult to overstate the damage wrought by Ms. Halligan's actions. In addition to unjustly and vindictively inflicting direct personal harm on Mr. Comey and Ms. James, she is singlehandedly undermining—maybe irrevocably—the public's confidence in the impartiality of the Department of Justice."

"Ms. Halligan appears to have violated numerous rules of professional conduct for lawyers," she added. "We are asking the Virginia and Florida bars to investigate, making clear that a government appointment is not a hall pass for unethical behavior."

CBS News noted that while Halligan and the DOJ did not respond to requests for comment on the complaint, Attorney General Pam Bondi publicly praised her the week that Comey was indicted, writing on social media: "This was a big week at the Department of Justice. Our EDVA US Attorney Lindsey Halligan did an outstanding job. We will continue to fight for accountability, fairness, and the rule of law because the American people deserve nothing less."

Bondi, also of Florida, has faced her own bar complaint—filed in June by Democracy Defenders Fund, Lawyers Defending American Democracy, Lawyers for the Rule of Law, and dozens of individual attorneys, law professors, and former judges, who collectively accused her of engaging in "serious professional misconduct that threatens the rule of law and the administration of justice.”

In the wake of another prosecutor charging Trump’s ex-adviser John Bolton, Reuters/Ipsos polling published late last month showed that a majority of American adults think the Republican president is using US law enforcement "to go after his enemies."