Parking lot lawyer, Alina Habba, is "unlawfully serving" as a the top federal prosecutor in New Jersey, a federal judge has ruled. Her 120 day interim appointment expired at the end of July, but she used a “novel series of legal and personnel moves” to stay in the job without getting the required confirmation, U.S. District Judge Matthew Brann has determined.
He wrote in his order: “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." Therefore, any actions she has undertaken, especially in regard to legal cases, “may be declared void.”
He has given the Department of Justice time to appeal.
It is unclear what will happen with Habba's position now, although Pam Bondi stated that they would appeal.
This could be a bellweather finding, as Trump has tried to circumvent the nomination and screening process for many other U.S. Attorneys using the same sketchy tactics.
Noting these tactics, Judge Brann wrote: “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.”
It is worth noting that Brann is a Republican appointed to the federal bench by President Obama.
So how did this order come to be? Well, numerous people were charged with federal crimes in New Jersey under Habba's watch. Their lawyers attempted to block or dismiss the charges, arguing that Habba didn't have the authority to even prosecute them since her 120 day interim term had expired.
Oops!
