Topline
Ex-Trump attorney Alina Habba’s role as the U.S. attorney in New Jersey is unlawful, a federal judge ruled Thursday, suggesting any prosecutions she’s brought since July are void and striking down the Justice Department’s gambit to keep the longtime Trump ally on as the state’s top prosecutor after a panel of federal judges declined to extend her tenure.
Alina Habba, Acting U.S. Attorney for the District of New Jersey, arrives at the courthouse in Newark, New Jersey, on May 15.
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Key Facts
Pennsylvania Judge Matthew Brann ruled against Habba’s appointment in response to a petition by Julian Giraud Jr. and Julian Giraud III, two criminal defendants being prosecuted in New Jersey, who argued the charges against them should be thrown out because Habba wasn’t lawfully serving as U.S. attorney.
Trump previously named Habba as the Interim U.S. Attorney in New Jersey, a temporary role that should have expired in July unless the state’s judges voted to keep her on—but when judges voted for her to be replaced instead, the Justice Department responded by firing Habba’s proposed replacement and reinstating Habba as Acting U.S. Attorney.
The Trump administration used a little-known legal maneuver in order to keep Habba in the role, naming Habba to serve as second-in-command at the U.S. Attorney’s office—which, since there was no one serving as U.S. attorney, then meant she was promoted to the top role by default.
Brann ruled against this legal maneuvering, writing it is not allowed under federal law and ruling Habba “has exercised the functions and duties of the office of the United States Attorney for the District of New Jersey without lawful authority since July 1.”
Brann did not throw out the Girauds’ charges, however, and his ruling doesn’t immediately remove Habba from her role, though the judge disqualified her or anyone under her supervision from overseeing the Girauds’ case, and suggested that any prosecutorial moves she’s made since July 1 should be voided.
The Justice Department has not yet responded to a request for comment.
This story is breaking and will be updated.