Alina Habba ‘unlawfully’ working as US attorney in New Jersey, judge rules

A federal judge rejected President Donald Trump’s use of a loophole to keep Alina Habba in place as New Jersey’s top federal prosecutor.

In a 77-page ruling, U.S. District Judge Matthew Brann said Thursday that Habba “is not lawfully holding the office of United States Attorney” and has been in the position without legal authority since July 1.

As a result, Habba, who had previously worked as Trump’s personal attorney, cannot participate in prosecutions by the office “as the ‘acting U.S. Attorney’” and seemingly cannot run the office the president maneuvered to keep her in charge of after her interim 120-day appointment expired. The Trump administration employed a series of maneuvers to attempt to retain Habba’s control of the office after district judges ousted her at the end of her term.

“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,” he wrote.

Brann, who sits in Pennsylvania’s Middle District, was hearing challenges to Habba’s authority by defense attorneys trying to get charges against their clients thrown out by arguing the Trump administration illegally kept her on despite the expiration of a 120-day interim tenure. Those challenges came amid days of confusion over who is leading the office because of complex and contested rules over filling vacancies.

The judge declined to throw out the charges against the defendants, but said anyone who prosecutes them “under the supervision or authority of Ms. Habba” would be subject to disqualification.

A spokesperson for Habba did not immediately respond to a request for comment. Brann anticipated an appeal and said he would stay his decision pending an appeal.