The ability of former Donald Trump lawyer Alina Habba to remain in her job as acting New Jersey U.S. attorney will face another hurdle next week when a federal judge will rule on arguments for and against the controversial appointee.
According to a report from Politico’s Matt Friedman, a skeptical Judge Matthew Brann, who sits on the bench in Pennsylvania’s Middle District, had Habba’s case drop in his lap and has announced he hopes to rule on Habba’s eligibility on Wednesday while admitting at the same time he expects whatever decision he makes will be appealed by the losing party.
As Friedman notes, “Two criminal defendants in New Jersey — Julien Giraud Jr., who’s facing gun and drug charges, and Cesar Pina, a house-flipping influencer who’s charged with running a Ponzi-like real estate scheme — are challenging Habba’s authority and seeking dismissal of their indictments. Giraud was charged before Habba took office, and Pina after.”
Politico is reporting Brann has already questioned the appointment of the controversial Habba by Attorney General Pam Bondi as a “special attorney,” which would permit her to oversee the office for years without the U.S. attorney title.
In July, New Jersey’s district court judges appointed then-First Assistant U.S. Attorney Desiree Grace to replace Habba who had yet to be approved by the Senate, only for Bondi to step in and fire Grace and re-hire Habba.
According to Politico, “Brann suggested that maneuver to keep Habba in charge of the office as special attorney would render the law on appointing U.S. attorneys ‘pointless’ since a person could do the job indefinitely without Senate confirmation.”
As the judge explained, “Even if you believe [the law] is ambiguous — and I don’t think it is — going to the legislative history is a death knell.”
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