Chief U.S. District Judge Matthew Brann disqualified Alina Habba from prosecuting three defendants in New Jersey, finding she was not lawfully performing the functions of the U.S. Attorney for the District of New Jersey. The judge concluded the Executive Branch perpetuated her appointment through novel legal and personnel moves and had disagreed with District Court judges and criminal defendants about who should lead the office. Habba's interim term ended in July, and the Trump administration's efforts to keep her without Senate confirmation did not follow federal law. Brann stayed the order pending appeal. Habba previously defended Trump in his New York fraud trial and served as a 2024 campaign surrogate, and after appointment she said the state could turn red and planned to investigate the Democratic governor and attorney general.
The Executive branch has perpetuated Alina Habba's appointment to act as the United States Attorney for the District of New Jersey through a novel series of legal and personnel moves. Along the way, it has disagreed with the Judges of the United States District Court for the District of New Jersey and criminal defendants in that District about who should or may lead the office.
The judge found that Habba's term as the interim US attorney ended in July, and the Trump administration's maneuvers to keep her in the role without getting confirmation from the US Senate did not follow procedures required by federal law. Brann said he was putting his order on hold pending an appeal. Habba, who unsuccessfully defended Trump in his New York fraud trial, also served as a frequent campaign surrogate for him in 2024.
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