Trump’s new favorite prosecutor is flubbing it big time

On Monday afternoon, former FBI Director James Comey dropped two motions to dismiss his criminal case. Both are related to, in part, the antics of one Lindsey Halligan, everyone’s favorite insurance lawyer turned interim U.S. attorney for the Eastern District of Virginia. 

This likely made for a not-fun Monday afternoon for Halligan, but then her day got hilariously worse when Lawfare’s Anna Bower dropped her story that Halligan had texted her out of the blue, via Signal, about the prosecution of New York Attorney General Letitia James.

Bower had tweeted about the Oct. 11 New York Times story revealing that James’s great-niece lives in the Virginia home that is the basis for the mortgage fraud case against James, and that she had testified to a different grand jury that she lived there for many years without paying rent. 

That seems to be what made Lindsey Halligan lose her mind and contact Bower to complain that “your reporting in particular is just way off.” 

New York Attorney General Letitia James, shown in 2019.

This was probably exceedingly confusing for Bower, who does not work for The New York Times, did not write the story, and was doing no reporting. Instead, Bower had merely tweeted about the story.

Nevertheless, every time Bower asked Halligan what was false about the story or her characterization of it, Halligan offered a grievance-fueled response like, “Continue to do what you have been and you’ll be completely discredited when the evidence comes out.” 

Just after Bower contacted the Department of Justice on Monday afternoon for a comment and to confirm the texts were authentic, Bower’s Signal flickered to life with Halligan saying, “By the way—everything I ever sent you is off record. You’re not a journalist so it’s weird saying that but just letting you know.” 

There’s so much to unpack here. 

Halligan referred to Bower as a reporter multiple times in their previous exchanges. More importantly, you can’t declare something off the record retrospectively, much less days after the fact. But when Bower explained this, Halligan came up with a different rationale: “It’s obvious the whole convo is off record. There’s disappearing messages and it’s on signal.”

It is gobsmackingly stupid to think that because you communicate on Signal and set your messages to disappear, it is off the record by default. Even setting that aside, there’s another big problem here: Halligan admitted she had set her phone to automatically delete messages that were official government communications, which are generally supposed to be preserved. (Also, hello? Ever heard of screenshots?)

Is this a good time to mention that Halligan studied broadcast journalism in college and could not feasibly have avoided learning what “off the record” means? Also, did she learn nothing from Defense Secretary Pete Hegseth’s Signal fiasco?

Actually, she probably did, which is that Hegseth suffered no consequences whatsoever. 

And Halligan likely won’t lose her job over this, because Trump actually loves this sort of petulant, aggressive weirdness. But she might lose her job over Comey’s motion to dismiss based on asserting that Halligan was unlawfully appointed. Not because Trump cares, but because the courts do.

Two of Trump’s other temporary U.S. attorney appointees, Alina Habba and Sigal Chattah, have already been disqualified because the administration’s attempts to string together temporary appointments to avoid the Senate confirmation process are, well, not legal. Halligan is running up against the same issue and could suffer the same fate. If she does, it could render the indictment against Comey void. If she’s not legally in the job, she can’t legally indict anyone. 

And yes, that would apply to the James case as well, should James go that route. 

Former FBI Director James Comey, shown in 2017.

Comey’s other motion wouldn’t result in Halligan losing her job, at least not as far as a court is concerned. Comey argues the indictment should be dismissed because he is being both vindictively and selectively prosecuted.   

Vindictive prosecution is exactly what it sounds like—that the prosecution is motivated by general animus toward the defendant. And Comey has everything he needs to make that argument. After all, Trump admitted that he fired U.S. Attorney Erik Siebert in favor of Halligan when Siebert wouldn’t bring charges, and then Trump celebrated the indictment on social media, making sure to thank Halligan and FBI Director Kash Patel. So thoughtful! 

To prove selective prosecution, Comey has to show that other similarly situated people were not prosecuted for the same actions. Fortunately for Comey, Trump has multiple past appointees who allegedly lied to Congress.

Let’s roll back to Trump’s first term. As noted in Comey’s motion, there was then-Attorney General Jeff Sessions allegedly making false statements to Congress about his communications with Russia. There was Trump’s then-head of the Environmental Protection Agency, Scott Pruitt, allegedly lying about his use of a personal email account while he was Oklahoma attorney general. Then-Secretary of Health and Human Services Tom Price allegedly fibbed to Congress when he denied getting a sweet discount on buying shares of stock. And remember Treasury Secretary Steve Mnuchin? He allegedly lied about whether OneWest Bank, where he had been chairman and CEO, had used robo-signing of foreclosure documents.  

It’s tough to get more similarly situated to Comey than these four are. They were all high-level political appointees, all accused of lying to Congress, but only Comey was charged. 

Halligan is wildly overmatched here, but judging by her interactions with Bower, she remains blissfully unaware of that. She clearly thinks she’s running circles around everyone else, that she’s a unique genius who figured out how to indict Trump’s enemies when no one else could. 

In reality, she has no idea what she’s doing and no business doing any of it, which means it will be a delight to see what her office manages to file in response to Comey.  

Trump team faces critical shortage of morally flexible lawyers

It’s hard to find good help these days. What’s a president to do when all he wants is to use the might of the state to persecute his political enemies, but all of these pencil-necked geek attorneys keep saying things like “sir, there is no case here”? 

President Donald Trump’s retribution jamboree is being stalled out by career Justice Department prosecutors worried about stupid things like “the law” and “ethics.” 

Lindsey Halligan, interim U.S. attorney for the Eastern District of Virginia

Take Elizabeth Yusi, a career prosecutor who has been an assistant U.S. attorney for about 15 years. According to MSNBC, Yusi will be telling Lindsey Halligan, a real-estate lawyer who has been interim U.S. attorney for the Eastern District of Virginia for about 15 minutes, that there’s no probable cause to prosecute New York Attorney General Letitia James for mortgage fraud. 

How dare she? 

Looks like Halligan is going to have to roll up her sleeves and take care of this herself, just like she did with bringing charges against former FBI Director James Comey. Sure, the indictment was comically thin, and sure, she didn’t manage to make one of the ginned-up charges stick, and sure, she had to present it to the grand jury herself. 

Halligan, of course, was installed in her job because she’s perfectly happy to take on the shoddiest, most vindictive prosecutions. She was brought in to bring charges against Comey after her predecessor, Eric Siebert, said he wouldn’t. 

Trump took a victory lap after Halligan secured an indictment against Comey, but for all the fanfare over that, there is so much more that has to happen before Trump can live out his fantasy of putting Comey behind bars. 

Sadly for Trump, all of those steps require prosecutors. Many, actually. 

At the moment, Halligan might need to consider a crash course in trial preparation, because as of Tuesday, no career attorneys from her office have entered an appearance in Comey’s case, even though the arraignment is on Wednesday. Though to be fair, Halligan probably doesn’t know about this, since she’s never been a prosecutor and her only client as a defense attorney was Trump.

Instead, it looks like Halligan is going to bring in prosecutors from outside her office. Can’t wait for a passel of freshly minted Liberty University School of Law graduates to handle a politically explosive and high-profile prosecution. Well, at least those who weren’t smart or vicious enough to land a clerkship with the many Trump judges eager to mold new baby fascists.

Meanwhile, when it comes to the Trump administration’s eagerness to have one state invade another, it seems to all rest—legally speaking—on the shoulders of one lawyer: Eric Hamilton. 

A protester stands draped in an American flag as officers try to disperse protesters near an ICE facility in Portland on Oct. 5.

Hamilton handled Sunday night’s hearing about deploying National Guard troops to Oregon and was then bundled off to Illinois to argue about how cool and legal it would be if Texas troops were deployed to Chicago.

Normally, of course, there is a veritable army of DOJ attorneys to handle these things. But between resignations and purges, the DOJ doesn’t have a lot left in the tank. 

The agency lost 70% of its civil rights division. The top national security prosecutor in the Eastern District of Virginia was just purged. Multiple high-level prosecutors who refused to sign off on the DOJ’s quid pro quo with Mayor Eric Adams were also fired. Two-thirds of the attorneys tasked with defending Trump’s signature initiatives—like birthright citizenship and immigration—have bolted. And Trump has rapidly depleted the entire federal attorney bench. 

This is also why there’s such turmoil among some U.S. attorneys right now. Trump knows he can’t get people like Alina Habba—another of his former personal attorneys—or Halligan confirmed by the Senate. But he also knows that only the most bone-deep partisan loyalists will do his bidding. 

Eventually, all that the DOJ will have left are people who previously represented Trump in some personal capacity. Fortunately for Trump, that’s a lot of people. Unfortunately for the rest of us, they all suck.

Despite Trump’s current laughable lawyers, his DOJ could be staffed with skilled radicals

Attorney Alina Habba has been widely mocked for her courtroom blunders and behavior as she defends Donald Trump in the business fraud lawsuit brought by New York Attorney General Letitia James and in E. Jean Carroll’s second defamation trial against the accused rapist.

Former federal prosecutor Ron Filipkowski, who is now editor in chief of the liberal Meidas Touch, had this post on X, formerly known as Twitter:

I’m gonna say you can watch My Cousin Vinny and Legally Blonde back-to-back and you’d be ready to do a better trial than Habba.

— Ron Filipkowski (@RonFilipkowski) January 18, 2024

And “Late Show” host Stephen Colbert said in a monologue earlier this month, “Habba is, to use a bit of legalese, a bad lawyer,” HuffPost reported. He then played a clip from a podcast interview in which Habba, a former fashion executive, said she’d “rather be pretty than smart.” She then added she “can fake being smart.” 

But as Trump has become the first candidate to run a presidential campaign out of a courtroom, Habba has taken on a prominent role in MAGA world by playing the Trump victimization card in numerous interviews on courthouse steps, on Fox News, and other conservative news outlets.

RELATED STORY: How the next Trump-inspired insurrection could unfold and how the administration could respond

And while Trump’s immunity claims may seem a joke, there’s nothing funny regarding the attorney who handled Trump’s appeal seeking immunity from charges brought by special counsel Jack Smith that he conspired to overturn the 2020 presidential election results. The three-judge panel on the U.S. Court of Appeals for the District of Columbia is widely expected to reject Trump’s immunity claim.

As Trump sat watching in the courtroom, his attorney, D. John Sauer, in response to questioning from the judges, suggested that even a president directing SEAL Team 6 to kill a political rival would be an action barred from criminal prosecution unless the president was first impeached by the House and convicted by the Senate.

Mother Jones wrote that “it’s hard to overstate the terrifying absurdity of the argument.” But in  social media posts, candidate Trump has argued that presidents deserve complete immunity from prosecution even for acts that “cross the line.” The Atlantic wrote that “Today’s legal argument could very well be next year’s exercise of presidential power.”

Former Labor Secretary Robert Reich went even further, stating that “Sauer was arguing for the equivalent of the 1933 Enabling Law in Germany,” which facilitated Adolf Hitler’s success in moving the country from democracy to fascism. That law—approved by the German Parliament in March 1933—gave the new chancellor, Hitler, the power to enact new laws without interference from the president or the parliament for four years.

What’s scary is that unlike Habba, Sauer has a blue-chip legal background. He was a Rhodes scholar and a magna cum laude graduate of Harvard Law School. He served as a law clerk to federal appellate court Judge J. Michael Luttig and Supreme Court Justice Antonin Scalia.

In 2017, then-Missouri Attorney General Josh Hawley appointed Sauer to serve as the state’s solicitor general and he continued to serve in that post under Hawley’s successor, Eric Schmitt, who also was elected to the U.S. Senate. The New York Times wrote:

As Missouri’s solicitor general, Mr. Sauer took part in a last-ditch effort to keep Mr. Trump in power after his defeat in the 2020 election, filing a motion on behalf of his state and five others in support of an attempt by Texas to have the Supreme Court toss out the results of the vote count in several key swing states.

He also joined in an unsuccessful bid with Texas in asking the Supreme Court to stop the Biden administration from rescinding a Trump-era immigration program that forces certain asylum seekers arriving at the southwestern border to await approval in Mexico.

Sauer left the solicitor general’s post in January 2023. He served as a special assistant attorney general for Louisiana’s Department of Justice in a First Amendment lawsuit against Biden administration officials over their contacts with social media platforms about “misinformation.” 

So could Sauer be another politically ambitious conservative lawyer with an Ivy League law degree looking to make an impression on Trump in hopes of securing a top position at the Department of Justice in a second Trump administration? It’s hard to know for sure, as Sauer keeps a low public profile outside the courtroom and shuns media interviews. But it sounds like he would fit right in, according to a November New York Times article on the subject:

Close allies of Donald J. Trump are preparing to populate a new administration with a more aggressive breed of right-wing lawyer, dispensing with traditional conservatives who they believe stymied his agenda in his first term.

The allies have been drawing up lists of lawyers they view as ideologically and temperamentally suited to serve in a second Trump administration. Their aim is to reduce the chances that politically appointed lawyers would frustrate a more radical White House agenda — as they sometimes did when Mr. Trump was in office, by raising objections to his desires for certain harsher immigration policies or for greater personal control over the Justice Department, among others.

The Times said Trump has even become disenchanted with the Federalist Society, the conservative legal network whose members filled key executive branch legal positions when he was last in office. Trump was particularly enraged at White House and Justice Department legal officials who blocked his efforts to overturn the 2020 election.

John Mitnick, who was fired by Trump as general counsel of the Homeland Security Department in 2019, told the Times that “no qualified attorneys with integrity will have any desire to serve as political appointees” in a second Trump term.

The Guardian reported that Trump’s former senior adviser Stephen Miller, known for his draconian immigration policy, “is playing a key role in seeking lawyers fully in sync with Trump’s radical agenda to expand his power and curb some major agencies.” The Guardian wrote:

His search is for those with unswerving loyalty to Trump, who could back Trump’s increasingly authoritarian talk about plans to “weaponize” the DoJ against critics, including some he has labeled as “vermin.”

Miller, who is not a lawyer, is president of the MAGA-allied group America First Legal, which has been filing lawsuits against the Biden administration. Miller also sits on the board of Project 2025, an effort led by the Heritage Foundation and other conservative groups to map authoritarian policy plans for a second Trump administration.

And that brings us to who Trump might choose for attorney general if he makes his way back to the Oval Office. Back in November, former Rep. Adam Kinzinger, a member of the House Jan. 6 Select Committee, warned in an episode of The Bulwark podcast:

“If he does get through and he wins this time, he's going to interview 100 candidates for attorney general and only take the one that says, 'Mr. President, in essence, I don't care what the Constitution is. I'm going to do whatever you want as your servant at the Department of Justice.'"

And the scary thing is that there is one lawyer who is media savvy, has a blue-chip legal resume, and is a total right-wing monster. His name is Mike Davis.

Tim Miller, a former Republican National Committee spokesperson and Never Trumper, wrote about an interview Davis gave to conservative political commentator Benny Johnson in which Davis discussed what he would do if he were “acting attorney general” for a few weeks in a new Trump term:

But during my three week reign of terror as Trump acting attorney general, before I get chased out of town with my Trump pardon, I will rain hell on Washington, D.C. ... I have five lists, ready to go and they’re growing.

List number one, we’re gonna fire. We’re gonna fire a lot of people in the executive branch, in the deep state.

Number two, we’re gonna indict. We’re gonna indict Joe Biden and Hunter Biden and James Biden and every other scumball, sleazeball, Biden, except for the five year old granddaughter who they refused to acknowledge for five years until the political pressure got to Joe Biden.

Number three, we’re gonna deport. We’re gonna deport a lot of people, 10 million people and growing—anchor babies, their parents, their grandparents. We’re gonna put kids in cages. It’s gonna be glorious. We’re gonna detain a lot of people in the D.C. gulag and Gitmo.

And list number five, I’m gonna recommend a lot of pardons. Every January 6th defendant is gonna get a pardon, especially my hero horn man. He is definitely at the top of the pardon list.

“This is almost comically pathetic chest-beating of a creepy dork,” says Hayes on far-right lawyer Mike Davis. “But again the history of fascism is full of creepy dorks who…used the power of the state to execute their most despicable, violent fantasies.”pic.twitter.com/dRRVhsRKCw

— IT’S TIME FOR JUSTICE (@LiddleSavages) November 22, 2023

In an article for The Bulwark, Miller wrote:

Davis has become an influential voice in MAGA media and activist circles—understandably so, given his crossover appeal as someone who combines legitimate bona fides as a GOP staffer with the incendiary, burn-it-all-down rhetoric that the MAGA base laps up.

And should, God forbid, Trump win a second term, Davis will be emblematic of the type of person who will staff the government. …

Davis’s current gig is spearheading activist groups that fight for right-wing judicial appointments and oppose “Big Tech.” In this role he makes frequent appearances on right-wing media outlets, including primetime Fox and its MAGA competitors (think Real America’s Voice, Newsmax, Bannon’s War Room), where he preaches the Gospel of Trump on issues ranging from the former president’s many indictments to the Biden impeachment.

Davis has an extensive biography on the Federalist Society website. But Miller also exposed Davis’ dark side, including a rant on X about the “violent black underclass” who are “monsters” and should be subjected to “mass incarceration.” He wrote:

Racist demagoguery. Conspiratorial thinking. Promises for retribution against enemies. This is Trump’s stated agenda for 2024. And people like Mike Davis stand ready and willing to execute it.

Davis now heads the Article III Project, which has run ads defending Trump against his four criminal indictments with messages mirroring Trump’s comments that he is a victim of politically motivated prosecutions.

One 60-second digital ad says, “Activist prosecutors and judges have destroyed the rule of law, the scales of justice forever broken and imbalanced. The worst offenders? Those who have weaponized the legal system for political gain against President Trump. Even now they’re resorting to insane legal theories to take him off the ballot,” the ad continues. “They’ve gone after a president of the United States. Do you think they’ll stop there?”

In November, Mehdi Hasan presented an in-depth report on the dangers posed by Davis on MSNBC.

Davis responded to the report and Miller’s Bulwark article with this tasteless post on X that included a homophobic slur. 

😂 Trump’s Dream Team.@mehdirhasan is now on my Lists 2 (indict), 4 (detain), 6 (denaturalize), and 3 (deport). I already have his spot picked out in the DC gulag. But I’ll put him in the women’s cell block, with @Timodc. So these whiny leftists don’t get beat up as often. https://t.co/Ylhb33KVv2

— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) November 20, 2023

And here’s the kicker: Donald Trump Jr. actually said on his online show “Triggered” in November that he’d actually like to see Davis as attorney general, even on an interim basis, “just to send that shot across the bow of the swamp.”

Donald Trump Jr. says he wants Laura Loomer as White House press secretary and Mike Davis as attorney general; Loomer has described herself as “pro-white nationalism,” Davis says that he wants to enact a “reign of terror” targeting Trump’s enemies. pic.twitter.com/oy3osluVC4

— Media Matters (@mmfa) November 10, 2023

RELATED STORY: Republicans actually published a blueprint for dismantling our democracy. It's called Project 2025

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Cuomo’s arrogant bluster backfires. Everyone from Biden down is demanding he resign

An independent investigation, which lasted for five months and included 179 witnesses and 74,000 pieces of evidence, has concluded that New York Gov. Andrew Cuomo sexually harassed multiple women and established a "toxic, hostile, abusive" office culture rife with "intimidation" and "fear." Given that kind of "leadership," it should come as no surprise that Cuomo responded grossly inappropriately and defiantly, like some rabid hybrid of Richard Nixon and Donald Trump. The asshole even had a video at the ready in which he used pictures of both President Barack Obama and George W. Bush hugging disaster victims in the aftermath of tragedy to show that powerful people hug other people and it's totally normal.

What he didn't have ready was a picture of some other high official who "during a hug, reached under Executive Assistant #1's blouse and grabbed her breast." Cuomo insisted Tuesday that all this behavior is just who he is. "I do banter with people," Cuomo said. "I try to put people at ease. I try to make them smile. I try to show my appreciation and friendship." Yes, nothing makes a work colleague smile like groping their breast.

Cuomo's arrogant and tone-deaf response to New York State Attorney General Letitia James' revelations in the report only made it that much easier for former friends and colleagues to abandon him. That includes President Joe Biden, a longtime ally, telling him it's time to go. "What I said was if the investigation by the attorney general concluded that the allegations were correct, back in March, I would recommend he resign," Biden told reporters. "That is what I'm doing today […] I think he should resign," the president said.

Senate Majority Leader Chuck Schumer, who is from New York himself, agreed. He, along with New York colleague Sen. Kirsten Gillibrand, released a statement saying it was time for Cuomo to go. "As we have said before, the reported actions of the Governor were profoundly disturbing, inappropriate and completely unacceptable," the senators said. "Today's report from the New York State Attorney General substantiated and corroborated the allegations of the brave women who came forward to share their stories—and we commend the women for doing so."

"No elected official is above the law," Schumer and Gillibrand concluded. "The people of New York deserve better leadership in the governor's office. We continue to believe that the Governor should resign." House Speaker Nancy Pelosi urged him to resign if for no other reason than "respect for the office he holds." She added: "As always, I commend the women who came forward to speak their truth." New York Reps. Hakeem Jeffries, Thomas Suozzi, and Gregory Meeks released a joint statement saying: "The time has come for Governor Andrew Cuomo to do the right thing for the people of New York State and resign." The remainder of the state's Democratic delegation soon followed suit. Reps. Jerrold Nadler, Carolyn Maloney, Brian Higgins, Nydia Velázquez, Ritchie Torres, Yvette Clarke, Kathleen Rice, Grace Meng, Adriano Espaillat, Jamaal Bowman, Mondaire Jones, and Alexandria Ocasio-Cortez said, "For the good of New York State, Andrew Cuomo must resign. If he does not, the New York State Assembly must begin impeachment proceedings."

Cuomo's fellow Democratic governors from neighboring states—Govs. Ned Lamont of Connecticut, Dan McKee of Rhode Island, Phil Murphy of New Jersey, and Tom Wolf of Pennsylvania—also called for his resignation, writing in a joint statement that they are "appalled at the findings of the independent investigation." There's pretty much no one besides Cuomo and possibly his brother Chris at CNN (CNN—you've got a big problem there) who thinks he needs to stay. His refusal to resign will lead to his impeachment.

Carl E. Heastie, the speaker of the State Assembly, said Tuesday: "He can no longer remain in office […] We will move expeditiously and look to conclude our impeachment investigation as quickly as possible." He said that Cuomo had "lost the confidence of the Assembly Democratic majority." The report's finding are "disturbing," he said, adding that the conduct by the governor outlined in this report would “indicate someone who is not fit for office."

Andrea Stewart-Cousins, the majority leader of the State Senate, concurred. "This report highlights unacceptable behavior by Governor Cuomo and his administration," she said in a statement. "As I said when these disturbing allegations first came to light, the Governor must resign for the good of the state. Now that the investigation is comet and the allegations have been substantiated, it should be clear to everyone that he can no longer serve as Governor."

She and many others made it a point to "give a special thank you to the courageous women who bravely stepped forward to shed light on this awful situation. We all owe them a debt of gratitude." Indeed, the personal and professional risk these women took in taking on Cuomo makes obnoxious denials and excuses that much more egregious. His performance Tuesday will do nothing to help in in this impeachment. He has virtually no one on his side.

Meanwhile, Cuomo is facing a criminal investigation in Albany County, said David Soares, the county district attorney, on Tuesday. Soares said in a statement that his office would request the investigative materials from the attorney general's report and encouraged other women who have been abused by Cuomo to come forward to assist in the inquiry.