WASHINGTON — In a dramatic escalation of the ongoing war between the executive and judicial branches, the Department of Justice (DOJ) summarily fired veteran litigator James W. Hundley on Friday, February 20, 2026, just hours after he was unanimously appointed by federal judges to lead the U.S. Attorney’s Office for the Eastern District of Virginia (EDVA).
The move followed the departure of Lindsey Halligan, the former Trump personal lawyer and “beauty queen” prosecutor whose four-month tenure was marked by a series of legal defeats and a final rebuke from the bench.
The Vacancy: The Fall of Lindsey Halligan
Hundley was selected by the EDVA Board of Judges to fill the void left by Lindsey Halligan, a 36-year-old insurance lawyer with no prior prosecutorial experience before being tapped by the President.
- The “Charade”: Earlier this month, U.S. District Judge David Novak (a Trump appointee) ordered Halligan to stop calling herself “U.S. Attorney,” labeling her continued use of the title a “charade” and a “false statement” in defiance of the court.
- Dismissed Indictments: Halligan’s signature achievements—indictments against former FBI Director James Comey and New York AG Letitia James—were tossed out by judges who ruled her initial appointment was unconstitutional and bypassed federal vacancy laws
- The Exit: Halligan officially left the office on Tuesday, January 20, after her 120-day interim term expired and judges blocked the administration’s attempts to extend her stay.
The Firing: “Article II” over “The Blue Slip”
The judges in Virginia exercised a specific federal law allowing them to appoint an interim prosecutor when a vacancy persists. However, Deputy Attorney General Todd Blanche responded to Hundley’s appointment with a swift, social media-based termination.
“EDVA judges do not pick our US Attorney. POTUS does. See Article II of our Constitution. James Hundley, you’re fired!” — Todd Blanche, Feb 20, 2026
A Growing Pattern of Cabinet-Court Conflict
This marks the second time this month the administration has fired a court-appointed prosecutor in a matter of hours.
| Date | Location | Appointee | Outcome |
| Feb 11, 2026 | N.D. of New York | Donald Kinsella | Fired by the White House 4 hours after being sworn in by judges. |
| Feb 20, 2026 | E.D. of Virginia | James Hundley | Fired by Todd Blanche via social media shortly after his unanimous selection. |
The Legal Stalemate
The constitutional crisis centers on Section 546(d) of Title 28, which explicitly gives district courts the power to appoint a U.S. Attorney to serve until a vacancy is filled by a Senate-confirmed nominee.
- The Administration’s View: Attorney General Pam Bondi and Todd Blanche argue that because U.S. Attorneys are executive branch officers, only the President has the power to remove or install them, regardless of what the statute says.
- The Judiciary’s View: Judges contend they are following the law to ensure the “faithful execution of justice” in districts where the administration is attempting to install unconfirmed loyalists indefinitely.
What’s Next for the EDVA?
With Hundley fired and Halligan out, the leadership of one of the nation’s most sensitive federal districts remains in limbo. The DOJ has signaled it will likely attempt to install another “special attorney” to oversee the office, while legal experts predict the matter will eventually be settled by the Supreme Court—the same court that just handed the administration a major defeat on its tariff policy.
