Aug. 21 (UPI) — Acting U.S. Attorney for New Jersey Alina Habba lacks legal authority to continue prosecuting federal cases in New Jersey, a federal judge ruled Thursday.
U.S. District Court for Middle Pennsylvania Matthew Branns said Habba, 41, is unqualified for the position and should be disqualified from ongoing cases in New Jersey, The New York Times reported.
“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 ruled following a hearing last week.
Habba formerly was President Donald Trump‘s personal attorney and a campaign spokeswoman before the president appointed her interim U.S. attorney for New Jersey in March.
That appointment ended July 1, but Trump and Attorney General Pam Bondi relied on federal loopholes to declare Habba the acting U.S. attorney for New Jersey instead of its interim federal prosecutor, Fox News reported.
Brann said the semantics move by Trump and Bondi is not lawful, and Habba has lacked legal standing to continue serving as New Jersey’s acting U.S. attorney since July 1.
Two defendants in federal cases before the U.S. District Court of New Jersey filed challenges to Habba’s authority based on the actions taken by the president and the attorney general.
Former President Barack Obama nominated Brann to the Middle Pennsylvania District Court in 2012, and the judge paused his decision to enable the Trump administration to appeal his ruling.
The Justice Department has said it will challenge Brann’s decision, which also might affect similarly appointed U.S. attorneys in other federal districts, according to CNN.
Whether his decision stands or is overturned, Brann said a federal appellate court must make a determination quickly to avoid disruption to federal cases.
A panel of federal judges in July refused to extend Habba’s position and appointed federal prosecutor Desiree Grace to replace her.
Bondi then fired Grace and named Habba the district’s acting U.S. attorney, which triggered the two challenges to her authority and has slowed the rate at which federal cases are argued in New Jersey.