Judge Rules Habba's Appointment as U.S. Attorney Unlawful

A federal judge has ruled that the appointment of Alina Habba as acting U.S. Attorney for the District of New Jersey was unlawful. The judge's decision means that Habba's actions in the role since July may be declared invalid.

U.S. District Judge Matthew W. Brann stated in a detailed ruling that the Executive branch had used a series of legal and personnel maneuvers to keep Habba in the position. He concluded that Habba was not lawfully performing the duties of the office and therefore must be disqualified from ongoing cases.

Habba, a former lawyer for Donald Trump, criticized the ruling, accusing Senate Democrats of delaying her confirmation and criticizing the judge. She asserted that she was the president's choice and would continue to serve.

The judge's order is currently on hold pending appellate proceedings, allowing the Trump administration time to appeal the decision. The ruling cited several issues with Habba's appointment, including the initial interim appointment and subsequent actions taken to keep her in the role after the Senate did not act on her nomination.

The judge found that the moves taken to keep Habba in the position were improper and circumvented the Senate's role in the process. He also determined that Habba's appointment as deputy was not legal and that her interim appointment had expired earlier than the government claimed.

The challenge to Habba's appointment came from two criminal defendants. Their attorneys stated that Habba's appointment disregarded the rules and that the court's decision highlighted the administration's attempt to bypass the confirmation process.