A federal judge on Thursday, in a 77-page ruling, said the president’s former personal lawyer Alina Habba is not legally serving as the acting US attorney for New Jersey, laying the groundwork for a potential appellate court review of the Trump administration’s method for installing some top prosecutors around the country (article available here).
“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 a United States District Courrt of the Middle District of Pennsylvania, who was transferred two cases challenging her authority.
“And because she is not currently qualified to exercise the functions and duties of the office in an acting capacity, she must be disqualified from participating in any ongoing cases.”
Habba’s authority as the top federal law enforcement officer in the state was challenged by defendants in two criminal cases who argued her recent appointment as acting US attorney is invalid because it violates federal law.
The decision is expected to be appealed.