A federal judge has ruled that Trump lawyer, Alina Habba, is unlawfully working as a U.S. Attorney in New Jersey.
Judge Matthew Brann on Thursday issued a 77-page ruling stating, in part, that Habba “is not lawfully holding the office of United States Attorney” and has held the position without legal authority to do so since July 1.
The ruling means that Habba, formerly Trump’s personal lawyer, cannot continue to run the office she was appointed to on a 120-day interim basis although the administration tried several maneuvers to keep her in the position. A panel of district judges removed her in July.
“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.
The ruling has been placed on hold in anticipation of an appeal by the administration. But, Brann said that the decisions Habba made while unlawfully holding the position may be voided and Habba disqualified from participating in cases in a leadership role.
A Republican and Obama appointee who sits in Pennsylvania’s Middle District, Brann’s ruling could have far-reaching implications in other states where the Trump administration has flouted Senate confirmation and judicial appointment rules for U.S. attorneys.
Attorney General Pam Bondi said that the administration would immediately appeal and will “protect” Habba from “activist judicial attacks.”
Habba’s authority came into question after defense lawyers raised concerns about charges against their clients.
While Brann did not throw out any charges against defendants, he did note that anyone who prosecutes them under Habba’s authority or supervision would be subject to disqualification.
“I think it would be deeply irresponsible for the department to move forward with Alina Habba as the highest Justice Department official signing indictments or other pleadings,” said James Pearce, an attorney who represents the Criminal Defense Lawyers of New Jersey in the case.
Legal experts say that Brann’s ruling could have implications within other federal departments.
