The U.S. Justice Department filed a notice on 25 August to appeal a federal court decision that found Alina Habba was unlawfully serving as acting U.S. attorney for the District of New Jersey. The single-page filing signals the government’s intention to challenge an 21 August ruling by Chief U.S. District Judge Matthew Brann, who concluded that Habba, a former personal lawyer to President Donald Trump, was "not lawfully performing" the role. Judge Brann said the Trump administration’s procedural steps to keep Habba in the post after her 120-day interim term expired violated federal appointment laws. He placed his order on hold pending appeal, but the decision has cast uncertainty over hundreds of ongoing federal prosecutions in New Jersey, many of which have been paused until the dispute is resolved. Habba was sworn in on 28 March and later re-installed on 24 July after the administration removed her deputy, whom district judges had named as successor. Trump subsequently withdrew her formal nomination when it stalled in the Senate, where New Jersey’s Democratic senators opposed her. The Justice Department’s appeal will be heard by the Third Circuit Court of Appeals.
The U.S. Justice Department on Monday indicated it would appeal a judge's ruling barring Alina Habba, a former personal lawyer to President Donald Trump, from supervising federal cases as New Jersey's top federal prosecutor. https://t.co/YuOZxRfewQ
The Justice Department appealed a judge’s decision that rejected President Donald Trump’s appointment of Alina Habba as the top federal prosecutor in New Jersey as unlawful. https://t.co/gPNoQcHBAZ
The Justice Department appealed a judge’s decision that rejected President Donald Trump’s appointment of Alina Habba as the top federal prosecutor in New Jersey as unlawful https://t.co/w1z2G0G8ro