Alina Habba has served in that office for 120 days without being confirmed by the US Senate which is NOT in session until September….
Federal Cases in New Jersey where put on hold and some cases moved to neighbouring states for action while the judge considered the situation….
The judge acknowledges that the Trump Justice Dept. could appeal his decision …
A federal judge rejected President Donald Trump’s use of a loophole to keep Alina Habba in place as New Jersey’s top federal prosecutor.
In a 77-page ruling, U.S. District Judge Matthew Brann said Thursday that Habba “is not lawfully holding the office of United States Attorney” and has been in the position without legal authority since July 1.
As a result, Habba, who had previously worked as Trump’s personal attorney, cannot participate in prosecutions by the office “as the ‘acting U.S. Attorney’” and seemingly cannot run the office the president maneuvered to keep her in charge of after her interim 120-day appointment expired. The Trump administration employed a series of maneuvers to attempt to retain Habba’s control of the office after district judges ousted her at the end of her term.
“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 wrote.
Brann, who sits in Pennsylvania’s Middle District, was hearing challenges to Habba’s authority by defense attorneys trying to get charges against their clients thrown out by arguing the Trump administration illegally kept her on despite the expiration of a 120-day interim tenure. Those challenges came amid days of confusion over who is leading the office because of complex and contested rules over filling vacancies.
The judge declined to throw out the charges against the defendants, but said anyone who prosecutes them “under the supervision or authority of Ms. Habba” would be subject to disqualification….
image…Alina Habba, former lawyer for President Donald Trump, is at the center of battle to lead New Jersey’s U.S. Attorney’s Office. | Mary Altaffer/AP
Update on NJ US Atty debacle….
Legal turmoil is accelerating in New Jersey’s federal court after a judge this week rejected President Donald Trump’s use of a loophole to keep Alina Habba in charge of the federal prosecutor’s office.
Shortly after U.S. District Judge Matthew Brann ruled Thursday that Habba was acting illegally as the U.S. attorney for New Jersey, another judge delayed the sentencing of a CEO convicted of scheming to mislead investors during the pandemic. The new sentencing delay, ordered by U.S. District Judge Esther Salas, appears to be the first instance of fallout from the Habba ruling, which declared that Habba must be disqualified from participating in any of the office’s cases as its leader….
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Separately, in July, a triple homicide trial scheduled for September was delayed after Trump fired the career prosecutor who was handling it to clear the way for Habba to lead the office. It has since been rescheduled for November….
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