'Jaw dropping': Legal expert says Trump pick's bold move is daring judges to take action

A legal expert said Wednesday that interim U.S. attorney Lindsey Halligan — despite calls for her to resign — has continued her role.

Legal expert Lisa Rubin told MS NOW's Ana Cabrera that Halligan has not left her position while pressure mounts for her to step down.

"Lindsey Halligan is still inher job and she is signing, orrather, lying," Rubin said. "Prosecutors aresigning criminal filings in the Eastern District of Virginia inher name, which is typical."

Those filings have still said Lindsey Halligan, U.S. attorney and special attorney, but it's not the same label Attorney General Pam Bondi gave her in late October, Rubin explained.

"When asked to justify this, the Justice Department has saidthat its office of legalcounsel gave it an opinion that — and wait for this — becauseit's kind of jaw-dropping,because Judge Cameron Curry andboth of her orders in the [James] Comeyand [Letitia] James case did notexpressly say Lindsey Halliganneeded to be removed, then itis totally fine for Lindsey Halligan to continue in herrole as interim U.S. attorney,notwithstanding the fact that Judge Curry ruled that herappointment in that capacitywas entirely illegitimate andunlawful," Rubin said.

Rubin described what the bold move could mean.

"So it's almost as ifshe is daring the Judges of the Eastern District of Virginia totake up their own prerogativeunder the statute and appointsomeone of their own choosingthat would force a fight,though Anna, between the judgesof the district and the personthat they choose on the onehand, and the Department ofjustice, which is stillaligning itself with Lindsay Halligan on the other," Rubin added. "Andthat's why you have situationslike The New York Timesreported on yesterday, with Senior Judge Leonie Brinkemasaying the right result here isjust for Halligan to resign."