By Sarah N. Lynch and Andrea Shalal
WASHINGTON, Dec 11 (Reuters) – The White House on Thursday sought to advance Lindsey Halligan’s nomination as U.S. Attorney for Virginia’s Eastern District before the Republican-controlled Senate, though President Donald Trump’s controversial choice faces an uphill battle of being confirmed due to opposition by both of Virginia’s Democratic senators.
The Senate Judiciary Committee received a copy of Halligan’s 28-page questionnaire outlining her background and qualifications, according to a copy reviewed by Reuters, in what represents the first major step in the Senate confirmation process.
“She’s the President’s nominee. It is our hope that she is confirmed and submitting her questionnaire is part of that process,” said Karoline Leavitt, the White House Press Secretary.
Halligan, 36, is a former insurance attorney who also worked as a personal lawyer for Trump after his first term in office. She was a White House aide to Trump early in his second term, and has no previous experience as a prosecutor.
The efforts by the White House to get Halligan’s confirmation process underway were reported earlier by MS Now.
Halligan was tapped as Interim U.S. Attorney at Trump’s request in September. Her predecessor Erik Siebert was ousted after he declined to seek indictments against former FBI Director James Comey and New York Attorney General Letitia James over a lack of credible evidence they committed crimes.
Comey and James are among a handful of Trump’s perceived political enemies who have faced criminal investigations by the Justice Department at the Republican president’s urging.
Halligan alone secured indictments against both Comey and James in the first few weeks on the job after career prosecutors in her office declined to participate in the cases.
A federal judge dismissed both indictments in November after determining that her appointment was unlawful. Despite not yet filing an appeal to that ruling, the Justice Department has nevertheless continued to keep her name and title on its pleadings, earning a rebuke from several federal judges.
Although Republicans control the U.S. Senate, Halligan’s nomination faces major hurdles thanks to a tradition known as the “blue slip” process, in which the Senate typically defers to each state’s two senators on U.S. Attorney and judicial nominations.
Both Republicans and Democrats have balked at calls by Trump to end the “blue slip” process, in a bid to make it easier for his nominees to sail through the Senate confirmation process.
“Blue Slips are making it impossible to get great Republican Judges and U.S. Attorneys approved to serve in any state where there is a single Democrat Senator!,” Trump complained in a post on Truth Social on Thursday.
But Senate Majority Leader John Thune told reporters on Thursday that a majority of his Republican colleagues oppose ending the practice, according to media reports. And Virginia Democratic Senators Tim Kaine and Mark Warner, both of whom previously gave a thumbs up to Halligan’s predecessor Siebert, are not expected to do the same for her.
Halligan has never served as a prosecutor. Her questionnaire shows that only 3% of her career has involved practicing law in federal court and only 1% of her time was spent on criminal matters.
A federal magistrate judge in Virginia previously ruled that Halligan may have made significant legal errors in presenting evidence and instructing grand jurors who were weighing whether to charge Comey. The Justice Department has denied those allegations.
(Reporting by Sarah N. Lynch and Andrea Shalal in Washington; Editing by David Gregorio)
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