A federal judge has determined that Alina Habba's appointment as acting U.S. Attorney for New Jersey by President Donald Trump was unlawful.
This decision came after two criminal defendants in New Jersey contested her appointment, arguing it was unconstitutional.
Judge Matthew Brann, presiding over the case, concluded that Habba was not legally qualified to fulfill the responsibilities of the U.S. Attorney for the District of New Jersey.
"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," Brann stated.
He further elaborated, "Because she is not currently qualified to exercise the functions and duties of the office in an acting capacity, she must be disqualified from participating in any ongoing cases." According to Breitbart, Brann accused President Trump and Attorney General Pam Bondi of exploiting legal loopholes to appoint Habba as the acting U.S. Attorney after her term had expired.
Brann's ruling emphasized the importance of adhering to statutory guidelines designed to prevent manipulation of such appointments. "A statutory interpretation that opens a gaping loophole in this tightly crafted scheme meant to provide only limited flexibility and prevent 'manipulation' flies in the face of the goal that Congress was trying to accomplish," Brann wrote. He dismissed the government's arguments as insufficiently supported by clear legal text.
The controversy surrounding Habba's appointment was further fueled by one of the defendants, Julien Giraud, who claimed that the unconventional steps taken to maintain Habba in her role infringed upon his constitutional rights.
Brann, an appointee of President Obama, sided with Giraud, ruling that Habba could not prosecute him or another defendant challenging her position.
The situation unfolded after New Jersey judges opted not to extend Habba's term, instead appointing career attorney Desiree Grace to the position. In response, President Trump and Bondi dismissed Grace, withdrew Habba's nomination as permanent U.S. Attorney, and reinstated her as acting U.S. Attorney, citing a federal statute that they claimed allowed her to remain in charge for an additional 210 days.
Attorney General Pam Bondi defended Habba's performance in a post on X, praising her efforts in enhancing the state's safety. Bondi criticized the judiciary, stating, "politically minded judges refused" to permit Habba to continue in her role. She further asserted, "This Department of Justice does not tolerate rogue judges especially when they threaten the Presidents core Article II powers."
As reported by the New York Times, Judge Brann has temporarily paused the implementation of his decision, allowing the United States to appeal on behalf of Habba in a federal court. This development underscores the ongoing legal battle over the appointment and the broader implications for executive authority and judicial oversight.
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