A federal judge ruled that Alina Habba was unlawfully appointed as acting United States Attorney for the District of New Jersey. Judge Matthew Brann found the administration used a novel series of legal and personnel moves to keep Habba in the role despite a prior court decision replacing her. Brann concluded Habba is not lawfully performing the functions and duties of the office and that her actions since July 1 may be declared void because she lacks Senate confirmation. Brann stayed his ruling pending a likely appeal. Defendants in cases Habba prosecuted challenged her appointment, and Pina's lawyers praised the decision and urged proper appointment procedures.
A federal judge has ruled that lawyer Alina Habba was unlawfully appointed to the role of acting United States attorney for the District of New Jersey Thursday's decision from District Judge Matthew Brann was a rebuke to the administration of President Donald Trump, who has sought to keep Habba, his former personal lawyer, in the role despite a previous court decision replacing her.
Brann accused the Trump administration of using a novel series of legal and personnel moves to keep Habba in her role as US attorney. But, given the fact that Habba has not been officially confirmed to the position by the US Senate, Brann decided that her actions since July 1 may be declared void. Brann, however, put his decision on hold pending a likely appeal from the Trump administration.
The challenge against Habba's continued role as US attorney came from defendants in cases she was pursuing. Two, Julien Giraud Jr and Julien Giraud III, were charged with drug and firearm-related offences. A third, Cesar Humberto Pina, was accused of laundering drug proceeds and participating in a multi-million-dollar Ponzi-like investment fraud scheme. Lawyers for Pina released a statement praising the judge's decision later on Thursday and calling for the Trump administration to follow federal procedure for appointing US attorneys.
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