The Department of Justice (DOJ) has pledged to "immediately appeal" a federal judge's ruling that President Donald Trump's appointee for the acting U.S. Attorney General.
The announcement was made by U.S. Attorney General Pam Bondi, who took to social media to express her support for Habba and her intent to protect her position from what she termed as "activist judicial attacks."
According to Breitbart, U.S. District Judge Matthew W. Brann made the ruling after two New Jersey criminal defendants contested Habba's appointment in court, deeming it unconstitutional. In his ruling, Brann, an Obama-appointed judge, wrote, "The Executive branch has perpetuated Alina Habbas appointment to act as the United States Attorney for the District of New Jersey through a novel series of legal and personnel moves."
He concluded that Habba was not lawfully performing the duties of the office and should be disqualified from participating in any ongoing cases.
Habba, initially selected by Trump to serve as counselor to the President, was later promoted to the acting U.S. attorney position. However, her tenure was cut short in July when district court judges decided to replace her with her top assistant as her 120-day interim period ended. The DOJ promptly dismissed Habbas replacement, Desiree Grace, mere hours after the district judges voted her in.
Despite Trump nominating Habba for a full four-year term in July, her path to confirmation is currently blocked. New Jersey's two Democrat senators, Cory Booker and Andy Kim, have stated their refusal to support her. Senate Judiciary Committee Chairman Chuck Grassley (R) has not advanced Habbas nomination due to Booker and Kim's refusal to turn over their blue slips for her, a move that has drawn criticism from both Habba and Trump.
In a post on Truth Social, Trump expressed his disappointment with Grassley, stating, "Chuck Grassley, who I got re-elected to the U.S. Senate when he was down, by a lot, in the Great State of Iowa, could solve the Blue Slip problem we are having with respect to the appointment of Highly Qualified Judges and U.S. Attorneys, with a mere flick of the pen."
Grassley responded to Trump's comments during a committee hearing on nominations, expressing his surprise and offense at the president's remarks.
In an interview with Fox News, Habba accused Grassley of doing a disservice by stalling her confirmation process. She said, No. 1, I was the nominee to become the U.S. attorney. And [Democratic New Jersey Sens.] Cory Booker and Andy Kim who I have never, to this day, spoken to in my life, despite my attempts to meet them have truly, truly done us a disservice.
She also criticized Grassley for holding up a traditional blue slip, thereby preventing many of the Presidents picks from being voted on by the Senate.
Habba described Branns decision as disturbing but vowed to continue her fight. She stated, I am the pick of the President, I am the pick of Pam Bondi, our attorney general, and I will serve this country like I have for the last several years, in any capacity.
She added, You might try and change my title, you might try and fight me, but just like today with New York, we will win, referring to the dismissal of the civil fraud penalty in Trumps New York case.
The unfolding saga surrounding Habba's appointment and the subsequent legal challenges underscores the ongoing political tussle within the U.S. judiciary. It remains to be seen how the DOJ's appeal will fare and whether Habba will ultimately secure her position as the U.S. attorney for New Jersey.
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