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.
The decision from District Judge Matthew Brann was a rebuke to the administration of President Donald Trump, who has sought to keep Habba in the role despite a previous court decision replacing her.
“Faced with the question of whether Ms Habba is lawfully performing the functions and duties of the office of the United States Attorney for the District of New Jersey, I conclude that she is not,” Brann wrote.
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”.
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 offenses.
A third, Cesar Humberto Pina, was accused of laundering drug proceeds and participating in a “multi-million-dollar Ponzi-like investment 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.
“Prosecutors wield enormous power, and with that comes the responsibility to ensure they are qualified and properly appointed,” lawyers Abbe David Lowell and Gerald Krovatin wrote in the statement.
“We appreciate the thoroughness of the court’s opinion, and its decision underscores that this Administration cannot circumvent the congressionally mandated process for confirming US Attorney appointments.”
Habba’s appointment as US attorney has been surrounded by controversy. She was an early appointment to Trump’s second term, and her role in the administration has raised questions about her qualifications and potential biases.
Since taking on the role of interim US attorney, Habba told a podcaster that she hoped to help “turn New Jersey red” – an indication she may use her traditionally nonpartisan position for partisan aims.
She has also led probes and prosecutions that critics denounced as politically motivated. In one instance, she opened an investigation into New Jersey’s Democratic Governor Phil Murphy over his immigration policies.
In another, she charged Newark Mayor Ras Baraka for trespassing after he attempted to join several Congress members on a tour of the Delaney Hall immigration detention facility. Those charges were later dropped, and a member of Habba’s office was rebuked in court.
The court’s decision is likely to continue the power clash between President Trump and the judiciary, whom he has accused of being politically biased against him and his allies.
The Trump administration has sought to retain term-capped interim US attorneys elsewhere as well, but Habba’s handling of her position has drawn particular scrutiny.
The judge’s decision has put the Trump administration on notice, highlighting the importance of following the congressionally mandated process for confirming US Attorney appointments.
As the case continues, it remains to be seen how the administration will respond to the court’s ruling