DOJ fires two senior Eastern District of Virginia prosecutors amid turmoil after Siebert ouster and Comey indictment
The Justice Department has terminated two senior prosecutors in the Eastern District of Virginia, Maya Song and Michael Ben'Ary — the latter the lead prosecutor on an active terror case — days after U.S. Attorney Erik Siebert left amid pressure from President Trump over his refusal to pursue mortgage‑fraud charges against New York AG Letitia James and the installation of interim U.S. Attorney Lindsey Halligan, who has no prosecutorial experience. The moves, coming as the months‑long probe into James has produced no charges and after internal resistance to charging James Comey, have spurred a House Judiciary review and intensified scrutiny of politicization and attrition at DOJ ahead of AG Pam Bondi’s congressional testimony.
Legal
Politics
National Security
📌 Key Facts
- On Sept. 19, 2025, U.S. Attorney Erik Siebert resigned after public pressure from President Trump — who said he wanted Siebert “out,” later claimed he fired him and withdrew his nomination — after Siebert declined to pursue mortgage‑fraud charges against New York AG Letitia James and declined to prosecute James Comey on a referral.
- The Justice Department’s months‑long probe into alleged paperwork discrepancies tied to Letitia James’ Brooklyn townhouse and a Virginia home has produced no charges and, as reported, no indication of evidence sufficient for an indictment to date.
- Following Siebert’s ouster, Mary “Maggie” Cleary was briefly named acting U.S. attorney and President Trump nominated Lindsey Halligan, who was sworn in as interim U.S. attorney for the Eastern District of Virginia; Halligan has no prior prosecutorial experience, served on Trump’s post‑Mar‑a‑Lago legal team and in a White House role reviewing Smithsonian content, and her interim term is limited to 120 days unless Senate‑confirmed or extended by a court.
- Days after Siebert’s removal and Halligan’s installation, DOJ fired two senior Eastern District prosecutors, Maya Song (the first assistant) and Michael Ben'Ary; Ben'Ary had been the lead prosecutor on a high‑profile terror case tied to the 2021 Abbey Gate attack (Mohammad Sharifullah) with a trial scheduled later this year.
- Office staff circulated a memo arguing charges against James Comey should not be brought, illustrating internal opposition to that prosecution; DOJ declined to discuss personnel matters publicly while issuing supportive comments about Halligan and noting Attorney General Pam Bondi’s support.
- House Judiciary Committee Democrats opened a formal review, requesting all communications between DOJ and the White House about prosecution referrals and records related to Halligan’s selection and vetting; Senate Democrats, including Sens. Amy Klobuchar and Tim Kaine, have publicly linked recent U.S. attorney personnel changes to concerns about politicization.
- The personnel upheaval is occurring amid broader DOJ turmoil and attrition in 2025 — reporting cites thousands of departures, the Public Integrity Section nearly emptied and roughly three‑quarters of Civil Rights Division attorneys having left — and growing internal unease tied in part to AG Bondi’s Day‑1 memo framing DOJ lawyers as the president’s lawyers.
- Attorney General Pam Bondi is scheduled to testify before the Senate Judiciary Committee on Oct. 7, 2025, in her first congressional appearance since the Justice Department secured an indictment of former FBI Director James Comey; Bondi has publicly said “the weaponization has ended” and that “everything is on the table” regarding investigations.
📊 Analysis & Commentary (1)
Playbook: Trump's new public pressure campaign
"Politico’s Playbook frames Trump’s EDVA shake‑up and public calls for prosecutions as a coordinated ‘pressure campaign’ on DOJ, warning it blurs traditional boundaries between the White House and law enforcement to achieve political and legal aims."
📰 Sources (13)
Bondi set to give testimony to Congress at first hearing since Comey indictment
New information:
- Attorney General Pam Bondi is scheduled to testify before the Senate Judiciary Committee on Oct. 7, 2025 at 9 a.m. ET.
- The hearing is framed as her first congressional appearance since the Justice Department secured an indictment of former FBI Director James Comey less than two weeks earlier.
- Bondi publicly repeated on Fox News that 'the weaponization has ended' and said 'everything is on the table' when describing investigations the department could pursue.
- Article reiterates internal DOJ personnel impacts (Public Integrity Section nearly emptied; more than 70% of Civil Rights Division attorneys have left) and ties them to recent personnel moves including the ouster of U.S. Attorney Erik Siebert and the appointment of Lindsey Halligan.
DOJ fires 2 key Virginia prosecutors amid turmoil in office that charged Comey
New information:
- Two senior prosecutors were terminated: Maya Song and Michael Ben'Ary.
- Michael Ben'Ary was lead prosecutor on the active Mohammad Sharifullah terror case tied to the 2021 Abbey Gate attack; Sharifullah's trial is scheduled later this year.
- Office staff had circulated a memo arguing charges against James Comey should not be brought; the firings occurred days after Erik Siebert was removed and Lindsey Halligan was installed as interim U.S. attorney.
- DOJ publicly declined to discuss personnel matters but issued supportive comments about Halligan and noted AG Pam Bondi's support.
Transcript: Sen. Tim Kaine on "Face the Nation with Margaret Brennan," Sept. 28, 2025
New information:
- Sen. Kaine raised the recent resignations of two U.S. attorneys in Virginia—Todd Gilbert (Western District) and Eric Siebert (Eastern District)—linking them to presidential personnel choices and partisan pressure.
- Kaine characterized the nominees as having 'Republican bona fides' and suggested the pattern reflects broader politicization of U.S. attorney posts.
Transcript: Sen. Amy Klobuchar on "Face the Nation with Margaret Brennan," Sept. 28, 2025
New information:
- Transcript shows Klobuchar (a Judiciary Committee member) raising the topic on air and linking recent U.S. Attorney personnel changes to broader concerns — adding a Democratic senator's direct, public perspective to the developing controversy.
- The interview text explicitly references the resignation of Erik Siebert and the swearing‑in of Lindsey Halligan, confirming that the issue is being discussed at senior Senate levels.
House Judiciary Democrats launch probe of Virginia U.S. attorney's ouster
New information:
- House Judiciary Committee Democrats have launched a formal review and sent a letter to AG Pam Bondi seeking Siebert's performance evaluations and communications.
- The committee requested 'all communications between any official or employee at the Justice Department and any official or employee at the White House... regarding prosecution referrals' from Jan. 20, 2025 to present.
- Democrats also demanded records about Lindsey Halligan's selection and appointment, including vetting materials and any promises or commitments regarding prosecutions.
Unease grows at the Justice Department as Trump's threats get even more blunt
New information:
- NPR specifies Halligan was sworn in Monday and notes she has no prosecutorial experience.
- Adds that Halligan had been assisting President Trump in efforts to remove what he calls “improper ideology” from Smithsonian museums.
- Reiterates Siebert left under pressure after declining to bring criminal charges the president wanted against New York AG Letitia James.
- Reports broader DOJ attrition: thousands of employees have left in 2025, with nearly all of the Public Integrity Section gone and roughly three-quarters of Civil Rights Division attorneys departed (per source quoted).
- Quotes a former DOJ attorney alleging AG Pam Bondi’s Day 1 memo framed DOJ lawyers as the president’s lawyers, fueling internal unease.
Lindsey Halligan sworn in as interim U.S. attorney
New information:
- Lindsey Halligan has been sworn in and is serving as interim U.S. attorney for the Eastern District of Virginia.
- Under federal law, her interim term is limited to 120 days unless extended by the district court or she is Senate‑confirmed.
- Siebert resigned amid concerns he would be forced out over not prosecuting New York AG Letitia James; Trump publicly claimed he fired him.
- Background details on Halligan’s recent White House role include signing a letter initiating a Smithsonian review to align exhibits with administration directives.
- Halligan has never worked in a prosecutor’s office; she previously handled insurance claims and served on Trump’s defense team in the classified‑documents case.
Trump nominates White House aide to be top US prosecutor for office probing Letitia James
New information:
- President Trump publicly announced he is nominating senior White House aide Lindsey Halligan to be U.S. attorney for the Eastern District of Virginia.
- Trump posted an open letter pressuring Attorney General Pam Bondi to move quickly on investigations, later saying she is "doing a GREAT job."
- New Trump quote at the White House: "We have to act fast — one way or the other... If they're not guilty, that's fine. If they are guilty or if they should be charged, they should be charged."
- AP/NPR reporting notes DOJ’s months‑long mortgage‑fraud probe into New York AG Letitia James has shown no indication of incriminating evidence sufficient for an indictment to date.
- Details on the probe’s origin: alleged paperwork discrepancies tied to James’ Brooklyn townhouse and a Virginia home; James’ lawyers deny wrongdoing and call the probe political.
- Background on Halligan: part of Trump’s legal team during the early Mar‑a‑Lago classified documents investigation; more recently involved in a White House effort to remove "improper ideology" from Smithsonian properties.
- Context added that the FBI investigated former FBI Director James Comey over an Instagram post; he was interviewed by the Secret Service and removed the post after concerns over interpretation.
Trump nominates senior White House aide for top federal prosecutor in Virginia
New information:
- President Trump has now formally nominated Lindsey Halligan to be U.S. attorney for the Eastern District of Virginia.
- Trump’s Truth Social post calls Halligan “tough, smart, and loyal,” and says she will work with AG Pam Bondi and DAG Todd Blanche.
- Halligan’s background includes serving as one of Trump’s attorneys post–Mar‑a‑Lago search and a recent White House role focused on Smithsonian content.
White House names acting U.S. attorney for office probing Letitia James
New information:
- Mary “Maggie” Cleary told EDVA staff in a Saturday email (obtained by CBS) that she has been named acting U.S. attorney for the Eastern District of Virginia.
- Cleary replaces Erik Siebert, who resigned amid Trump administration pressure to bring mortgage‑fraud charges against New York Attorney General Letitia James; Trump publicly claimed he fired Siebert.
- Cleary’s background: senior counsel in DOJ’s Criminal Division; former federal prosecutor in the Western District of Virginia; prior roles under Virginia Gov. Glenn Youngkin and AG Jason Miyares.
- Cleary authored a Spectator World piece describing being falsely identified as present at the U.S. Capitol on Jan. 6 while she was a federal prosecutor; she said she was placed on leave, interviewed, and later cleared.
- Her email to staff said, “While this appointment was unexpected, I am humbled to be joining your ranks,” and referenced EDVA’s “distinguished legacy.”
- CBS reports DOJ’s months‑long probe of James has not produced charges and there’s no indication prosecutors have found evidence sufficient for an indictment.
U.S. attorney pressured to charge Letitia James in mortgage fraud case has resigned
New information:
- AP reports Siebert confirmed his resignation in an internal email to colleagues; AP reviewed the email.
- DOJ spokespeople declined to comment on the resignation.
- It is not immediately clear who will replace Siebert as U.S. attorney.
- AP details that the probe focused on paperwork discrepancies tied to Letitia James’ Brooklyn townhouse and a Virginia home.
- Trump’s on‑record Oval Office remark: “It looks to me like she’s really guilty of something, but I really don’t know.”
- AP notes ABC News was first to report the pressure on prosecutors and the planned ouster.
- Siebert had been nominated by Trump earlier this year before his resignation.
Trump says prosecutor fired after gaining "UNUSUALLY STRONG" Democratic support
New information:
- President Trump publicly claimed he did not accept Erik Siebert’s resignation but instead fired him and withdrew his nomination.
- Trump said he acted after learning Siebert had "UNUSUALLY STRONG" support from Virginia’s Democratic senators Mark Warner and Tim Kaine.
- Axios reiterates that Siebert did not bring mortgage‑fraud charges against New York AG Letitia James and declined to prosecute James Comey based on allegations referred by DNI Tulsi Gabbard.
U.S. attorney resigns under pressure from Trump to charge N.Y. AG Letitia James
New information:
- Siebert resigned Sept. 19, 2025, following Trump’s public remark that he wanted Siebert 'out.'
- The DOJ investigation into alleged paperwork discrepancies tied to Letitia James’ properties has produced no charges to date.
- Top deputy Maya Song will leave the first assistant role to work as a line prosecutor; DOJ declined comment on leadership changes.