The judge determined that Habba should have ended her tenure as interim US attorney last month
Matthew Brann, chief judge for the Middle District of Pennsylvania, has declared that Alina Habba’s continuation in the role of New Jersey US attorney is unlawful, reported the Associated Press.
The judge determined that Habba’s tenure as interim US attorney should have concluded last month and ruled that the Trump administration circumvented required procedures under federal law by not securing US Senate confirmation to maintain Habba’s hold on the position.
Thus, Habba’s post-July actions could be voided.
“Taken to the extreme, the President could use this method to staff the United States Attorney’s office with individuals of his personal choice for an entire term without seeking the Senate’s advice and consent,” Brann wrote in a snippet of his judgment that was published by AP News.
The judge’s order has been paused to allow the US justice department to appeal the decision. Attorney general Pam Bondi announced on social media that the Trump administration would indeed appeal and “protect [Habba’s] position from activist judicial attacks,” according to a snippet published by AP News.
A number of individuals had challenged Habba’s legitimacy in the US attorney role in court as they sought to block charges of federal crime in New Jersey that had been lodged against them. The plaintiffs claimed that Habba lacked authority to prosecute their cases following the conclusion of her 120-day term as interim US attorney in the state.
“Prosecutors wield enormous power, and with that comes the responsibility to ensure they are qualified and properly appointed. We challenged the authority of Alina Habba because her appointment ignored the rules that give legitimacy to the U.S. Attorney’s office. We appreciate the thoroughness of the court’s opinion, and its decision underscores that this Administration cannot circumvent the congressionally mandated process for confirming U.S. Attorney appointments,” said attorneys Abbe D. Lowell and Gerald Krovatin, who represented one of the defendants, in a statement published by AP News.
Should Brann’s decision hold, the legitimacy of other Trump-appointed US attorneys who remained in their roles without Senate confirmation after their temporary terms concluded could be challenged, AP News indicated.
