Judge rules Alina Habba is unlawfully serving as U.S. attorney
Alina Habba Faces Legal Battle Over Role as Acting U.S. Attorney for New Jersey
A recent court ruling has found that Alina Habba has been unlawfully serving as the acting U.S. attorney for New Jersey. The ruling comes after President Donald Trump bypassed traditional processes to keep her in the position.
Judge Matthew Brann determined that Habba has not been the rightful temporary U.S. attorney for New Jersey since July 1. This decision follows a challenge from a criminal defendant in New Jersey who argued that Habba’s appointment was unconstitutional.
According to Brann’s 77-page order, he stated, “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 Trump’s personal defense lawyer, had been serving as interim U.S. attorney. However, when her term expired last month, Trump and Attorney General Pam Bondi used loopholes in federal vacancy laws to install her as “acting” U.S. attorney.
The controversy surrounding Habba’s appointment has led to a legal battle in the district. Julien Giraud, a defendant in the district, argued that the unconventional actions taken to keep Habba in the role violated his constitutional rights.
Brann, an Obama appointee serving in the Middle District of Pennsylvania, agreed with Giraud’s claims. The chief judge of the Third Circuit Court of Appeals, which covers New Jersey and Pennsylvania, appointed career attorney Desiree Grace to the role after the New Jersey judges declined to extend Habba’s term.
In response, Trump and Bondi fired Grace, withdrew Habba’s nomination as permanent U.S. attorney, and reinstated Habba as acting U.S. attorney. They claimed that this action allowed Habba to remain in charge for at least another 210 days under federal statute.
Fox News Digital reached out to a spokeswoman for Habba for comment, but has not received a response at this time.
This story is still developing, and updates will be provided as more information becomes available.
Author: Ashley Oliver
Source: Fox News Digital & FOX Business
