A federal court has ruled that Alina Habba, President Donald Trump’s choice to head the U.S. Attorney’s Office in New Jersey, has been serving without lawful authority. In a 77-page decision dated 21 August, U.S. District Judge Matthew W. Brann concluded that Habba’s appointment as acting U.S. attorney violated federal vacancy statutes and that she has exercised the office’s powers illegally since 1 July. Brann found that the administration’s effort to keep Habba in charge—after her interim term expired—relied on a “novel series of legal and personnel moves” that sidestepped the requirement for Senate confirmation. Those steps included withdrawing her pending nomination, firing a court-appointed successor, re-naming Habba a Justice Department “special attorney,” and designating her first assistant so she could claim acting status. Because Habba’s appointment is invalid, the court said, actions she has taken since early July, including the supervision of several criminal indictments, may be declared void. Brann stayed his order to give the Justice Department time to appeal, signalling that the dispute is likely to move quickly to the Third Circuit. Habba, a former personal lawyer for Trump, had been running the Newark-based office since March. The ruling intensifies a broader confrontation between the White House and federal judges over the administration’s repeated use of interim appointments to bypass Senate confirmation for top Justice Department posts.
Federal judge rules Trump appointee Alina Habba is unlawfully serving as US attorney https://t.co/6YwBe9Xqrp
Judge says Alina Habba, Trump's top federal prosecutor in New Jersey, not lawfully appointed https://t.co/lBS38bwfuf
Breaking news: A federal judge ruled that Alina Habba, President Trump’s pick for U.S. attorney in New Jersey, is in that role “without lawful authority.” https://t.co/VuFmwdxVeW