More: U.S. District Judge David Novak of Richmond issued a three-page order demanding to know why Halligan is still serving in the post. Halligan, who unsuccessfully prosecuted former FBI Direct James Comey and New York Attorney General Letitia James, is also referred to as U.S. attorney by the Justice Department in official documents.

The judge's order is unusual because he issued it on his own, not at the request of defense attorneys. It came in a case involving a carjacking and attempted bank robbery suspect who was indicted last month.