A federal judge has ruled that Alina Habba, former personal lawyer for President Donald Trump, is unlawfully serving as the acting U.S. Attorney for New Jersey. This decision casts doubt on the Trump administration's methods for appointing top prosecutors and opens the door for a potential appellate court review.
Judge's Ruling Against Habba
Judge Matthew Brann of the Middle District of Pennsylvania stated definitively, "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 further added that because she is not qualified to act in the role, she must be disqualified from participating in any ongoing cases.
The legal challenge to Habba's authority was brought by defendants in two criminal cases. They argued that her appointment as acting U.S. attorney violated federal law. The ruling is expected to be appealed, potentially creating further uncertainty within the federal criminal court system in New Jersey.
How Trump Sidestepped the Process
According to reports, President Trump and Attorney General Pam Bondi used loopholes in federal vacancy laws to keep Habba in charge after her interim term expired. They installed her as "acting" rather than "interim" U.S. attorney.
Julien Giraud, a defendant in the district, alleged that these actions violated his constitutional rights due to the unconventional steps taken to keep Habba in the role. Judge Brann, an Obama appointee, agreed with this assessment.
This is a developing story and will be updated as more information becomes available.