A federal judge ruled Thursday that Alina Habba has been illegally serving as U.S. attorney for New Jersey and blocked her from prosecuting two criminal defendants who’d challenged her appointment.
“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,” wrote U.S. District Judge Matthew Brann in a 77-page court filing. Brann wrote that Habba has been acting unlawfully as the U.S. attorney for New Jersey since July 1.
Last month, New Jersey federal judges decided to fire Habba, refusing to vote to extend her 120-day appointment as U.S. attorney for New Jersey, but the Trump administration found a loophole to keep its thoughtless foot soldier in place without Senate confirmation. After it fired the first assistant U.S. attorney who was approved to replace her, and then appointed Habba to that position, Donald Trump’s former personal lawyer found herself as acting U.S. attorney once again.
Brann’s decision was a response to a motion from defendants Julien Giraud Jr., Julien Giraud III, and Ceasar Humberto Pina.
The Girauds were indicted on three counts, including drug and firearm charges, in November, and Pina was indicted in a separate case in July on six counts, including charges for wire fraud, bribery, and money laundering. The Girauds and Pina had submitted motions arguing that Habba’s appointment was illegal.
The judge granted the Girauds’ motion to disqualify Habba from participating in their prosecution, and Pina won his plea, in part. Brann wrote that because Habba had signed Pina’s indictment on July 7, the indictment was “presumptively defective”—though the indictment would not be dismissed.
“The Court will stay this decision and its effects pending the resolution of any appellate Proceedings,” Brann concluded, meaning that Habba would stay in her position while the government appealed the decision. The Department of Justice is expected to appeal the ruling in the Third Circuit Court of Appeals.
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