A federal judge ruled on Thursday that Alina Habba has been unlawfully serving as acting U.S. Attorney of New Jersey at the appointment of President Donald Trump.
Judge Matthew Brann issued his ruling after two New Jersey criminal defendants challenged her appointment in court, calling it unconstitutional.
“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 wrote, “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.”
Brann asserted that Trump and Attorney General Pam Bondi used loopholes to install her as “acting” U.S. attorney after her term expired last month.
“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. “Although clearer text could require such a result, the Government’s arguments reaching such a conclusion through vague implication must fail.”
Per Fox News:
One of the defendants in the district, Julien Giraud, alleged that the moves violated his constitutional rights because of the string of unconventional actions it took to attempt to keep Habba in the role.
Brann, an Obama appointee serving in the Middle District of Pennsylvania, agreed and found Habba could not prosecute Giraud or another defendant who challenged Habba’s position.
Last month, the New Jersey judges made the rare decision to decline to extend Habba’s term and instead appointed career attorney Desiree Grace to the job. Trump and Bondi fired Grace, withdrew Habba’s nomination as permanent U.S. attorney and then reinstated Habba as acting U.S. attorney, which they said kept Habba in charge for at least another 210 days under federal statute.
In a post on X at the time, Attorney General Pam Bondi highlighted how Habba, a New Jersey-born lawyer, “has been doing a great job” in making the state safe again. Bondi added, despite that, “politically minded judges refused” to allow Habba to remain in her position.
“Accordingly, the First Assistant United States Attorney in New Jersey has just been removed,” Bondi added. “This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers.”
According to the New York Times, Brann “paused any outcome of his own decision, which will allow the United States to fight for Ms. Habba in a federal appeals court.”
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