Judge: Habba Lacks Legal Authority to Serve as U.S. Attorney
From The New York Times:
A federal judge on Thursday ruled that Alina Habba had been serving as New Jersey’s U.S. attorney without legal authority for more than a month, thrusting the state’s already paralyzed federal court system further into disarray and potentially placing limits on the president’s power to choose his own top federal prosecutors.
“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,” the judge, Matthew W. Brann of the Middle District of Pennsylvania, wrote.
“Because she is not currently qualified to exercise the functions and duties of the office in an acting capacity,” he added, “she must be disqualified from participating in any ongoing cases.”
Red the FULL story HERE.
And here's the Ruling:
More HERE from CNN:
The ruling could have far-reaching consequences beyond US attorneys, legal experts say. The Justice Department plans to appeal, an agency official said.
Other US attorneys beyond Habba are serving in similar circumstances. In July, John Sarcone, who is now serving as the acting US attorney in the Northern District of New York, failed to receive an indefinite extension of his interim status from federal judges.
The Trump administration has found other loopholes for US attorneys who have struggled to receive interim status extensions. Bilal Essayli in the District of Central California, and Sigal Chattah in the District of Nevada, were both appointed as acting US attorneys before federal judges could reject an extension of their interim status.
And from ABC:
While Judge Brann declined to grant the defendants' request that their cases be dismissed outright because of Habba's apparent unlawful service in the office, he said Habba is disqualified from participating in any of their cases moving forward -- as well as "any ongoing" cases in the office.
"The Executive branch has perpetuated Alina Habba's appointment to act as the United States Attorney for the District of New Jersey through a novel series of legal and personnel moves," Judge Brann wrote. "Along the way, it has disagreed with the Judges of the United States District Court for the District of New Jersey and criminal defendants in that District about who should or may lead the office."
