The Florida Bar, a regulatory body for legal professionals in the state, has walked back a statement indicating there was an investigation into Lindsey Halligan, a former United States attorney under President Donald Trump.
On Friday, Jennifer Krell Davis, a spokesperson for the bar association, issued a clarification to US media, denying any probe.
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Reports of an investigation emerged in February amid an exchange between the bar and the Campaign for Accountability, a government watchdog.
The group had accused Halligan of violating standards for professional conduct in law.
A letter from the Florida Bar acknowledged that the bar had been “monitoring” concerns about Halligan’s work in the Trump administration. “We already have an investigation pending,” the February letter said.
But in Friday’s statement, the bar called withdrew the letter and denied its accuracy. “The Florida Bar wrote a letter to the complainant erroneously stating that there is a pending Bar investigation,” Davis said.
The Campaign for Accountability had filed a complaint against Halligan, whose short tenure as the top attorney for the eastern district of Virginia was riddled with controversy.
A short but tumultuous tenure
A former insurance lawyer with no previous prosecutorial experience, Halligan was appointed as interim US attorney in September. Very quickly, she came under scrutiny for her use of prosecutorial powers.
Trump had fired her predecessor, Erik Siebert, for refusing to comply with demands to indict his critics.
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But on September 20, Trump posted a message to social media suggesting that Halligan would be more compliant.
It also identified several critics Trump would like to see charged. They included New York Attorney General Letitia James, US Senator Adam Schiff and James Comey, the former director of the Federal Bureau of Investigation (FBI).
“Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, Leticia??? They’re all guilty as hell, but nothing is going to be done,” Trump wrote online.
“We can’t delay any longer, it’s killing our reputation and credibility.”
Five days later, Halligan filed the first of three criminal indictments against Trump’s critics.
Comey was charged on September 25 with making false statements to Congress and obstructing official proceedings. Then, on October 9, James faced charges of bank fraud and making false statements.
Finally, on October 16, Halligan filed the third indictment, against Trump’s former national security adviser John Bolton, alleging the mishandling of classified information.
All three defendants had been publicly critical of Trump, and all three characterised their prosecutions as politically motivated. They each pleaded not guilty.
Critics blasted Halligan’s prosecutions as a sign that Trump had eroded the independence of the Department of Justice and was wielding its powers for personal aims. Halligan had worked for Trump in a personal capacity prior to joining the government.
Halligan faced further scrutiny for her handling of criminal cases and the legality of her appointment.
In November, for instance, a magistrate judge ruled there was a “reasonable basis” to believe there had been a “willful or in reckless disregard of the law” in Comey’s case, including through the mishandling of evidence.
Later that month, a separate judge dismissed both Comey’s and James’s cases, ruling that Halligan had been illegally appointed.
Normally, US attorneys must be confirmed by the Senate. An interim attorney, however, can only serve for a period of 120 days.
An extension had been granted for Halligan’s predecessor, but not for Halligan herself, leading the judge to find her appointment unlawful.
Halligan, however, insisted she had the right to remain as US attorney. Facing pressure, she eventually stepped down on January 20.
Halligan receives Republican support
The now-dismissed reports about an investigation into Halligan’s conduct stemmed from a complaint filed about her work as US attorney.
In November, the Campaign for Accountability issued complaints against Halligan with both the Virginia Bar and the Florida Bar, given that she was also licensed to practise law in Florida.
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In a statement, the group blasted the “dearth of evidence” to justify her prosecutions of James and Comey. It also criticised Halligan for allegedly attempting to influence media coverage of her cases.
“It is difficult to overstate the damage wrought by Ms. Halligan’s actions,” Michelle Kuppersmith, the group’s executive director, wrote.
“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.”
After the Florida Bar denied the existence of an investigation into Halligan this week, the Campaign for Accountability issued another statement, questioning the reversal.
“It’s hard to reconcile this latest statement with the bar counsel’s previous letter saying there is an investigation pending,” Kuppersmith said.
“If there is no longer an investigation into Halligan, the question is why not, given that three judges indicated she engaged in conduct that appears to violate ethics rules.”
Republican lawmakers, however, cheered the bar association’s reversal as a kind of vindication.
Florida Attorney General James Uthmeier had warned that he would fight any “baseless, partisan attacks” against Halligan. In response to the reversal, he posted on social media a single word: “Good!”
US Attorney General Pam Bondi, meanwhile, took the opportunity to praise Halligan.
“The Florida Bar ‘investigation’ of Lindsey Halligan is totally fake news,” she wrote. “Lindsey not only did nothing wrong — she did a great job!”
When asked for her response to the recent reversal, Halligan responded defiantly.
“Where’s my apology?” she reportedly asked The Associated Press.
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