A federal judge has ruled that the appointment of acting U.S. Attorney Alina Habba was unlawful, and her actions since July may be declared void. This significant ruling was issued by U.S. District Judge Matthew W. Brann on Thursday, emphasizing the complexities surrounding Habba's role as the top federal prosecutor in New Jersey.
In a comprehensive 77-page ruling, Judge Brann outlined that the Executive Branch has engaged in a series of novel legal and personnel maneuvers to sustain Habba's position as the U.S. Attorney for the District of New Jersey. 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." This conclusion has significant implications for ongoing legal proceedings.
Judge Brann determined that because Alina Habba is not currently qualified to perform the duties of the United States Attorney in an acting capacity, she must be disqualified from any participation in ongoing cases. This ruling raises questions about the legitimacy of her actions since her appointment.
The ruling detailed various issues surrounding Habba's appointment. Initially, she was named as the interim U.S. Attorney by former President Donald Trump on March 24, replacing another interim appointee who had been in the role for just three weeks. After being sworn in on March 28, Habba's interim appointment was supposed to last a maximum of 120 days. However, the situation became complicated when she was nominated for the permanent U.S. Attorney position on June 30, but the Senate did not take action on her nomination.
On July 22, judges from the District Court of New Jersey utilized their statutory authority to appoint a new U.S. Attorney—Habba's deputy. This decision was met with discontent from Trump administration officials, leading them to devise a multi-step plan intended to retain Habba in her position.
Judge Brann found that U.S. Attorney General Pam Bondi dismissed Habba's successor and subsequently appointed Habba as Special Attorney to the Attorney General. Following this, she was named to the vacant deputy position, allowing her to assume the role of Acting U.S. Attorney. Brann deemed these actions improper, asserting they were designed to circumvent the Senate's role in the appointment process.
Furthermore, the judge concluded that Habba had not been legally appointed as deputy, and her interim appointment as U.S. Attorney had expired sooner than the government claimed. The implications of this ruling could have lasting effects on the legal landscape in New Jersey.
As of now, the Justice Department and the New Jersey U.S. Attorney's office have not provided immediate comments regarding the ruling. Notably, the decision comes on a day when Alina Habba celebrated a significant legal victory from her representation of Trump. An appeals court dismissed a $500 million fraud judgment against the former president, which Habba described as politically motivated and legally unfounded.
In her post on X, Habba expressed her satisfaction with the ruling, stating, "President Trump won — and justice won with him." This highlights the ongoing legal battles that surround both Habba and Trump, as they navigate the complex interplay of law and politics.
