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Ordered to explain herself, Lindsey Halligan invokes Jack Smith

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Ordered to explain herself, Lindsey Halligan invokes Jack Smith

A federal judge ruled in November that Lindsey Halligan was unlawfully installedby the Trump administration as the top federal prosecutor in the Eastern District of Virginia. That led a different judge to order Halligan to explainwhy she kept calling herself the district’s U.S. attorney in court papers.

Among her defenses: Jack Smithdid it, too.

In her response TuesdayHalligan recalled that U.S. District Judge Aileen Cannon dismissedDonald Trump’s classified documents indictment in Florida on the grounds that Smith was unlawfully appointed as special counsel. “Yet in the days and weeks that followed, the Government continued — openly and without objection by any Court — to file documents identifying Jack Smith by his title as Special Counsel while appellate review proceeded,” Halligan wrote.

She added that Smith continued to refer to himself as special counsel in Trump’s separate election interference case in Washington, D.C., and that “as far as the Government is aware, no court — much less any judge — ever threatened Smith with attorney discipline for making purportedly ‘false or misleading statement[s],’ ‘knowingly disobey[ing]’ a court order, or engaging in ‘professional misconduct,’” Halligan wrote, referring to the orderthat demanded her response, which was issued by U.S. District Judge David Novak, a Trump appointee in the Eastern District of Virginia.

Yet Cannon’s 2024 orderdismissing the documents indictment specified that it was “confined to this proceeding” in the Florida case, so it’s unclear how it could’ve led Smith to think he couldn’t refer to himself as special counsel in D.C., where Cannon’s ruling would not apply anyway.

Still, Halligan argues that the orders finding she was unlawfully appointeddon’t stop her from holding herself out as the district’s U.S. attorney. Those orders came in November from U.S. District Judge Cameron McGowan Currie, who was brought in from South Carolina to rule on motions to dismiss the indictments brought by Halligan against New York Attorney General Letitia James and former FBI Director James Comey. In Novak’s order demanding that Halligan explain herself, which came in a different case pending before him, he noted that the government is appealing the ruling against Halligan but said Currie’s action hasn’t been paused pending appeal. “Consequently, it remains the binding precedent in this district and is not subject to being ignored,” Novak wrote.

Halligan contested that Currie’s ruling is “binding” here. In doing so, she made the generally correct observation that district court rulings aren’t binding on other district court judges (hence one of the reasons why her observation about Smith calling himself special counsel in D.C. after Cannon’s dismissal in Florida is unpersuasive).

But that general notion wouldn’t make much sense to apply in this situation, where Currie was seemingly brought in to resolve the issue across the board throughout the district. When dealing with the lawfulness of a U.S. attorney’s appointment, a judge will be brought in from outside the district, apparently to avoid a conflict because the judges in a given district have the power to appoint replacement U.S. attorneys when there’s a vacancy. So unless Currie or some other out-of-district judge is going to be brought in to resolve the legality of Halligan’s tenure whenever a new defendant challenges it, it would make sense to consider her ruling as binding throughout the district unless it’s overturned on appeal.

We’ll see what Novak says in response to Halligan’s explanation. Ultimately, it’s unclear how much any of this episode will matter. In his order demanding her explanation, the judge suggested the possibility of bar discipline against Halligan for falsely referring to herself as the U.S. attorney, but that seems unlikely to occur for multiple reasons, including that her behavior could be chalked up to her hewing to an incorrect legal position rather than engaging in unethical conduct.

Perhaps it would get into different territory if, for example, Novak were to respond by ordering Halligan to take a certain action and she were to disobey him directly in a way that leaves no legally defensible explanation. I previously wrote aboutthe challenges facing a bar complaint filed against Halligan in November, but of course it’s possible that she makes the unlikely a reality by however she chooses to behave going forward.

Likely more importantly, we’ll see what the federal appeals court says in the litigation over Halligan’s appointment. That appellate challenge is just getting underway, and we might not have a ruling for some time. Even then, it might not be fully resolved until the Supreme Court weighs in after the appeals court.

Subscribe to theDeadline: Legal Newsletterfor expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in the Trump administration’s legal cases.

Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.

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The Dictatorship

The Latest: US and Israel attack Iran as Trump says US begins ‘major combat operations’

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The Latest: US and Israel attack Iran as Trump says US begins ‘major combat operations’

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‘It’s fantastic’: Trump tells MS NOW he’s seen celebrations after Iran strikes

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President Donald Trump called the celebrations in the streets of Iran “fantastic” following the killing of the country’s supreme leaderAyatollah Ali Khamenei, during a brief phone call with MS NOW on Saturday night.

Trump told MS NOW that he’s seen the celebrations in Iran and in parts of America, after joint U.S.-Israel airstrikes killed Khamenei.

“I think it’s fantastic,” the president said of the celebrations. “I’ve seen them in Los Angeles, also — celebrations.”

“I’ve seen them in Los Angeles, celebrations, celebrations,” Trump said, accentuating the point.

The interview took place roughly 11 hours before the Pentagon announced the first U.S.military casualties of the war. U.S. Central Command said three American service members were killed in action, and five others had been seriously wounded.

Revelry broke out in Iran, the United States and across the globe on Saturday, with Iranians cheering the death of Khamenei, who led Iran with an iron fist for more than 30 years, cracking down on dissent at home and maintaining a hostile posture with the U.S. and Israel.

Asked how he was feeling after the strike on Khamenei, whose death was confirmed just a few hours earlier, Trump said it was a positive development for the United States.

“I think it was a great thing for our country,” he said.

The call — which lasted less than a minute — came after a marathon day, which began in the wee hours of the morning with strikes on Iran and continued with retaliatory ballistic missiles from Tehran targeting Israel and countries in the Middle East region that host U.S. military bases.

The day ended with few answers from the White House to increasing questions about the long-term future of Iran, how long the U.S. will continue operations there, and the metastasizing ramifications it could have on the world stage. In fact, the president has done little to convince the public to back his Iran operation, nor to explain why the country is at war without the authorization of Congress.

On perhaps the most consequential day of his second term, Trump did not give a formal address to the public, nor did he hold a press conference. Instead, he stayed out of public view at Mar-a-Lago, his private club and residence in Palm Beach, Florida, where he attended a $1 million-per-plate fundraising dinner on Saturday evening.

But throughout the day, Trump took calls from reporters at various new outlets, including from MS NOW at around 11 p.m. ET.

The strikes, known formally as “Operation Epic Fury,” came after months of talks over Iran’s nuclear program, and warnings from Trump that he would strike Tehran if they did not agree to his often shifting conditions.

At 2:30 a.m. ET on Saturday, Trump posted a video to social media announcing the operation, which he said was designed to “defend the American people by eliminating imminent threats from the Iranian regime, a vicious group of very hard, terrible people.”

“The lives of courageous American heroes may be lost and we may have casualties. That often happens in war,” Trump said when he announced the strikes on Iran.

Mychael Schnell is a reporter for MS NOW.

Laura Barrón-López covers the White House for MS NOW.

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Pentagon announces first American casualties in Iran

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Pentagon announces first American casualties in Iran

Three U.S. service members were killed and five seriously wounded as the United States and Israel launched attacks on Iran, U.S. Central Command said Sunday morning.

The three service members — the first Americans to die in the conflict — were killed in Kuwait, a U.S. official said.

Several others sustained minor injuries from shrapnel and concussions but will return to duty, the Pentagon said. The identities of the dead and wounded have not been made public.

“The situation is fluid, so out of respect for the families, we will withhold additional information, including the identities of our fallen warriors, until 24 hours after next of kin have been notified,” Central Command said in a statement.

The U.S. and Israel launched sweeping airstrikes on Iranon Saturday, killing Ayatollah Ali Khameneithe country’s supreme leader for nearly four decades. Iran has vowed retaliation and hit several U.S. military bases across the region.

According to U.S. Central Command, Iran has also attacked more than a dozen locations, including airports in Dubai, Kuwait and Iraq, and residential neighborhoods in Israel, Bahrain and Qatar.

Israel Defence Forces said Sunday that Iran fired missiles toward the neighborhood of Beit Shemesh, killing civilians. The missile hit a synagogue, killing at least nine people, according to the Associated Press.

AP reported that authorities said at least 22 people were killed and 120 others wounded when demonstrators tried to attack the U.S. Consulate in Karachi in Pakistan.

The violence came after the United States and Israel attacked Irankilling its Supreme Leader Ayatollah Ali Khamenei. Police and officials at a hospital in Karachi said that at least 50 people were also wounded in the clashes and some of them were in critical condition.

On Sunday, Israel Defence Forces said on X, “It’s official: All senior terrorist leaders of Iran’s Axis of Terror have been eliminated.”

President Donald Trump told CNBC’s Joe Kernen on Sunday that the operation in Iran is “moving along very well, very well — ahead of schedule.”

In a phone call with MS NOW late Saturday, Trump called the celebrations in the streets of Iran “fantastic” following the killing of Khamenei.

Confirming Khamenei’s death, Prime Minister Benjamin Netanyahu said Sunday: “We have eliminated the tyrant Khamenei and dozens of senior figures of the oppressive regime. Our forces are now striking at the heart of Tehran with increasing intensity, set to escalate further in the coming days.”

The exchange of hostilities comes after weeks of fragile negotiations between the U.S. and Iran over Iran’s nuclear operations.

Esmail Baghaei, a spokesperson for Iran’s foreign ministry, called the joint U.S-Israeli attack an “unprovoked, unwarranted act of aggression” in an interview with MS NOW’s Ali Velshi on Sunday. He said Iran’s nuclear program has been used a pretext for the attack.

“We have every right to defend our people because we have come under this egregious act of aggression,” Baghaei said.

Trump announced the attack early Saturday during a short video posted on his Truth Social account. He called for an end to the Iranian regime and urged Iranians to “take back the country.”

Negotiators and mediators from Oman were supposed to meet in Vienna on Monday to discuss the technical aspect of a potential nuclear deal.

Rep. Eric Swawell, D-Calif., told MS NOW’s Alex Witt on Sunday afternoon that the president’s military operation in Iran was illegal, echoing what many lawmakers have said in citing that under the U.S. Constitution only Congress can declare war.

“This is a values argument. We don’t just lob missiles into other countries when we are not provoked, attacked and have no plan for what comes next,” he said.

“We have been shown zero evidence that anything changed in Iran from last year when the president did not come to Congress and took a strike on Iran,” Swalwell said.

In June the U.S. struck three Iranian nuclear sites. Trump said the facilities had been “completely and totally obliterated.” But experts and U.S. officials said the sites were damaged but not destroyed.

Erum Salam is breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian and is a graduate of Texas A&M University and the Columbia University Graduate School of Journalism. Follow her on X, Bluesky and Instagram.

Akayla Gardner is a White House correspondent for MS NOW.

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