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‘Unlawful appointment’: Federal judge rules Alina Habba serving illegally; acting US attorney for NJ removed

‘Unlawful appointment’: Federal judge rules Alina Habba serving illegally; acting US attorney for NJ removed

Alina Habba (AP)

A federal judge ruled on Thursday that Alina Habba, former personal lawyer to US President Donald Trump, has been unlawfully serving as the acting US attorney for the district of New Jersey, according to news agency Reuters. US district judge Matthew Brann of the middle district of Pennsylvania determined that Habba’s interim period expired in July and that the administration’s effort to retain her through unconventional maneuvers violated federal law. Consequently, Brann ordered that Habba be disqualified from participating in ongoing cases and noted that actions she undertook since July 1 “may be declared void,” as quoted by the agency. The ruling follows legal challenges from two criminal defendants who argued that her appointment was invalid. As a result, plea hearings and sentencing proceedings were cancelled, and grand juries halted indictments amid the uncertainty over her authority. The Justice Department has already signaled it will appeal the decision. Officials argued that President Trump has broad authority to appoint her in a temporary capacity, with attorney general Pam Bondi supporting Habba’s reinstatement after her predecessor was dismissed, according to news agency AP. Legal experts warn that the ruling could have far‑reaching implications. It challenges the administration’s broader strategy of retaining acting US attorneys using alternative legal mechanisms. Similar disputes are unfolding in other districts, including the Northern District of New York and Nevada.The case raises pressing questions over the legitimacy of executive‑branch maneuvers circumventing Senate confirmation in appointing top federal prosecutors.

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