U.S. District Judge Matthew W. Brann delivered a significant ruling on Thursday, declaring that Alina Habba’s appointment as acting U.S. Attorney for the District of New Jersey was ‘unlawful.’
In a detailed 77-page opinion, Brann stated that Habba’s efforts since her appointment in July could potentially be declared void.
Brann pointed out that the Executive branch had engaged in a series of legal maneuvers to extend Habba’s role as the top federal prosecutor in New Jersey.
He concluded unequivocally that Habba was not lawfully able to perform the functions and duties of the office, expressing concerns over her qualifications.
As a result, Brann indicated that she must be disqualified from any ongoing cases in which she was involved.
Responding to the ruling, Habba spoke out during an interview on Fox News, denouncing Senate Democrats for delaying her confirmation and referring to the ruling as a product of ‘rogue judges’ engaging in political maneuvering.
‘I am the pick of the president,’ Habba asserted, expressing her determination to continue serving in any capacity.
The judge’s ruling is currently on hold pending appellate proceedings, meaning it will not take immediate effect, allowing the Trump administration to appeal the decision.
Central to Brann’s ruling were multiple issues regarding the legitimacy of Habba’s appointment process.
President Donald Trump originally appointed her as interim U.S. attorney on March 24, replacing another individual who had been appointed just a few weeks prior.
Although she was sworn in on March 28, Brann noted that interim appointments are limited to 120 days.
Trump later nominated her for the permanent U.S. attorney position on June 30, but the Senate did not act on the nomination.
Following this, on July 22, judges of the U.S. District Court of New Jersey utilized their statutory powers to appoint Habba’s deputy, a move that was not well-received by Trump administration officials.
Brann reported that administration officials sought a workaround to keep Habba in the position by implementing a complex series of personnel moves.
Attorney General Pam Bondi intervened by firing Habba’s successor and designating her as ‘Special Attorney to the Attorney General’ before appointing her to the vacant deputy position, which then led to her assumption of the acting U.S. attorney role.
However, Brann found these steps to be improper and a circumvention of the Senate’s confirmation role, stressing that Habba had not been legally appointed to the deputy position.
In his opinion, Brann concluded that Habba’s interim appointment had expired earlier than the government argued.
Attorney General Bondi responded to the ruling, stating on X that they would pursue an immediate appeal, emphasizing her confidence in Habba’s performance in New Jersey and asserting that they would defend her position against what she termed activist judicial attacks.
The challenge against Habba’s appointment arose from two criminal defendants, leading to the judge’s finding that she could no longer participate in their cases.
Attorneys Abbe Lowell and Gerald Krovatin, representing one of the defendants, issued a statement applauding the court’s thorough approach.
They stated that Habba’s appointment had disregarded the essential rules that lend credibility to the U.S. Attorney’s office, noting that the ruling reaffirmed the necessity of adhering to the congressionally mandated process for such appointments.
The U.S. attorney’s office in New Jersey did not respond immediately to a request for comments regarding the ruling.
It is noteworthy that Judge Brann, a Republican appointed by President Barack Obama, serves as the chief judge for the Middle District of Pennsylvania and was specially designated to hear this case.
Interestingly, the ruling arrived on a day when Habba celebrated a significant legal victory associated with her prior representation of Trump, as an appeals court dismissed a $500 million fraud judgment against him from the New York attorney general.
Habba characterized the fraud case against Trump as ‘politically motivated’ and ‘legally baseless’ in her remarks on X earlier in the day.
image source from：nbcnews
