An Obama-appointed federal judge on Thursday sided with two New Jersey criminal defendants against Alina Habba, U.S. Attorney for the District of New Jersey, ruling that she is not legally qualified to prosecute them.
Democrats have been maneuvering to keep Habba from her post since President Donald Trump appointed her in March.
“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,” wrote U.S. District Judge Matthew Brann in his opinion.
New Jersey District Judge Edward Kiel had initially been the judge overseeing the case, but the Third Circuit Court of Appeals decided on July 28 to transfer it to Brann.
President Barack Obama nominated Brann to be a United States District Judge for the United States District Court for the Middle District of Pennsylvania on May 17, 2012.
Trump appointed Habba to the position on March 24 but her confirmation was held up by Senate Democrats until her tenure expired. Interim US attorneys are only allowed to serve for 120 days without a Senate confirmation but their term can be extended if the district court in their jurisdiction grants them an extension.
A panel of 17 mostly Democrat-appointed New Jersey district judges held a meeting last month to decide whether to extend her position just before it expired.
Chief US District Judge Renée Marie Bumb announced in a signed order that the panel had opted against extending Habba’s term and appointed career prosecutor Desiree Leigh Grace to take over for her, effective immediately.
Later that day, Attorney General Pam Bondi stepped in and promptly removed Grace from the position.
“US Atty Habba has been doing a great job in making NJ safe again. Nonetheless, politically minded judges refused to allow her to continue in her position, replacing Alina with the First Assistant,” Bondi said in a statement.
“Accordingly, the First Assistant United States Attorney in New Jersey has just been removed,” Bondi continued. “This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers.”
Julien Giraud Jr. and Julien Giraud III, defendants in a federal drug and gun case, challenged the authority of Alina Habba as acting U.S. Attorney, arguing that her appointment was unlawful and violated their due process rights.
Judge Bran also ruled partially in favor Cesar Humberto Pina, a New Jersey real estate investor who was charged with committing a multi-million dollar investment fraud scheme, drug money laundering, and bribery.
Judge Brann wrote that Habba’s actions since July 1 “may be declared void, including her approval of the indictment of Defendant Cesar Humberto Pina,” though that fact does not require its dismissal.
“And because she 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, including Mr. Pina’s and those of Defendants Julien Giraud Jr. and Julien Giraud III (“the Girauds”),” Brann said. “Accordingly, for the following reasons, the Girauds’ remaining relief is granted, and Mr. Pina’s motion is granted in part and denied in part.”
The ruling is expected to spur similar legal challenges and could roil hundreds of federal criminal cases in New Jersey.