[11/25: See follow-up correction/modification]
Now that the Comey indictment has been dismissed, I expect that Attorney General Bondi will appoint Lindsey Halligan as “first assistant” to the office of U.S. Attorney in the Eastern District of Virginia. Under the Vacancies Reform Act (if I’m reading its convoluted language properly), Halligan would thereby become “acting” U.S. Attorney, and she could then ask a grand jury to re-indict Comey. (As I explained in my previous post, I think it likely that 18 U.S.C. § 3288 effectively extends the limitations period for six months.) I’m unclear why the Administration didn’t take this route in the first place.
The district court could in theory displace Halligan by appointing someone else as interim U.S. Attorney pursuant to its authority under 28 U.S.C. § 546(d). But Donald Trump would likely have his own authority to immediately remove such a person from office, and he would likely do so, so it’s difficult to see why the district court would see the appointment as worth making.