Federal Judge Rules Alina Habba’s New Jersey US Attorney Appointment Unlawful
Federal Judge Rules Alina Habba’s New Jersey US Attorney Appointment Unlawful
A federal judge has delivered a significant blow to the Trump administration, ruling that former Trump lawyer Alina Habba has been unlawfully serving as the top federal prosecutor in New Jersey since last month. U.S. District Judge Matthew Brann declared on Thursday that Habba’s term as interim U.S. attorney officially ended in July, asserting that the administration’s “novel series of legal and personnel moves” to retain her without Senate confirmation did not adhere to federal law.
Judge Brann stated, “Faced with the question of whether Ms. Habba is lawfully performing the functions and duties of the office of the United States Attorney for the District of New Jersey, I conclude that she is not.” He added that Habba’s actions since July “may be declared void,” though he temporarily stayed his order to allow the Justice Department to appeal. The immediate impact on the U.S. attorney’s office leadership remains unclear.
Attorney General Pam Bondi quickly announced the administration’s intent to appeal the decision, defending Habba’s “incredible work” and vowing to protect her position from “activist judicial attacks.” This ruling could trigger challenges against other U.S. attorneys appointed by the Trump administration under similar circumstances, bypassing the standard Senate confirmation process after their temporary assignments expired.
Brann’s opinion critiques the administration’s strategy of using successive temporary appointments to circumvent the Senate’s requirement for U.S. attorney confirmations, which typically demands bipartisan support. The judge, a Republican appointee by President Barack Obama, highlighted that such a method could allow a president to staff an entire U.S. Attorney’s office for a full term without congressional oversight.
The legal challenge originated from several defendants charged with federal crimes in New Jersey, who argued that Habba lacked the authority to prosecute their cases after her initial 120-day interim term expired. Habba, who previously represented Donald Trump and served briefly as a White House adviser, was appointed in March and had controversially expressed intentions to “turn New Jersey red” and investigate state Democratic officials.
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