U.S. Attorney Lindsey Halligan Retroactively Declares Texts with Journalist "Off the Record" Amidst Politically Charged Case

U.S. Attorney for the Eastern District of Virginia, Lindsey Halligan, engaged in an unusual two-day text correspondence with Lawfare journalist Anna Bower, attempting to challenge Bower's reporting on the indictment of New York Attorney General Letitia James, and later declaring the entire exchange "off the record" after the fact. The incident, detailed by Lawfare, raises significant questions about prosecutorial conduct and journalistic ethics, particularly given Halligan's recent politically charged appointment.

The exchange began on October 11, when Halligan initiated contact with Bower via Signal, stating, "Anna, Lindsey Halligan here. You are reporting things that are simply not true." Bower had summarized a New York Times report regarding testimony from James's grand-niece concerning the Norfolk property at the center of the mortgage fraud indictment. Halligan criticized Bower's summary and the Times's reporting, claiming it contained inaccuracies and disclosed grand jury information.

Halligan, who has no prior prosecutorial experience, was appointed interim U.S. Attorney in September after her predecessor, Erik Siebert, was reportedly removed for declining to pursue charges against James and former FBI Director James Comey. Her appointment by President Trump followed public pressure from the President to prosecute his perceived political adversaries. Since her arrival, Halligan has overseen the indictments of both James and Comey, and has reportedly fired several career prosecutors who resisted these cases.

Throughout the text conversation, Halligan did not indicate that her statements were off the record or on background, a standard practice in journalistic interactions. However, after Bower sought comment from the Justice Department for a story about the exchange, Halligan texted Bower again on October 17, stating, "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." Bower responded that such a retroactive declaration was not how journalistic protocols work.

The Justice Department confirmed the authenticity of the texts but provided a statement criticizing Bower for not getting the "response you wanted." This incident highlights the tension between a prosecutor's duty to maintain grand jury secrecy and a journalist's role in reporting on public interest cases, especially when a U.S. Attorney directly engages with the press in an unconventional manner. Legal experts note that federal rules prohibit prosecutors from disclosing grand jury matters, but do not apply to the press or witnesses.