A federal judge Thursday found that acting U.S. Attorney Alina Habba’s appointment was “unlawful” and her actions since July as the top federal prosecutor in New Jersey may be declared void.
“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,” U.S. District Judge Matthew W. Brann wrote in a 77-page ruling.
“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,” Brann added.
Because the former Trump lawyer 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,” the judge wrote.
Brann said his order is on hold pending appellate proceedings, meaning it will not take immediate effect and allow the Trump administration time to appeal the decision.
