A judge ruled on Thursday that Alina Habba is unlawfully serving as the acting U.S. attorney for New Jersey. This decision follows a court challenge from two criminal defendants who questioned her constitutional eligibility for the role. Judge Matthew Brann stated in his 77-page order, “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.”
Habba, who previously served as President Donald Trump’s personal defense lawyer, assumed the interim role after her initial tenure expired. Instead of following standard procedures, Trump and Attorney General Pam Bondi used federal loopholes to reappoint her as “acting” U.S. attorney. One defendant, Julien Giraud, raised concerns that these actions violated his constitutional rights while disputing Habba’s ability to prosecute cases.
Brann’s ruling underscores a significant legal precedent, as he noted that Habba could not fulfill prosecutorial duties against Giraud or another defendant challenging her status. The case moved to Brann after New Jersey’s federal judges recused themselves due to perceived conflicts regarding the situation. In a rare move, they chose not to extend Habba’s term and instead appointed Desiree Grace to take over.
In a subsequent intervention, Trump and Bondi fired Grace and tried to reinstate Habba as acting U.S. attorney. They claimed this maneuver would extend Habba’s time in office for another 210 days, asserting it complied with federal statutes. This ongoing legal battle hints at the complexities and controversies surrounding appointments within the Justice Department. As the situation evolves, further developments are expected, shaping the future of New Jersey’s legal landscape.
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