A landmark decision has been issued by a federal judge. Alina Habba, who previously served as President Donald Trump’s personal attorney, was not lawfully appointed to serve as the acting U.S. Attorney for New Jersey. Judge Matthew Brann of the U.S. District Court for the Middle District of Pennsylvania issued an expeditious order. He barred Habba from entering appearances into still-continuing criminal matters including the case against Codefendant Cesar Humberto Pina.
So how did Alina Habba—the person Donald Trump ostensibly appointed to the position through a complex five-step Rube Goldberg device—get there? Trump administration plans to install her as the federal government’s top prosecutor in New Jersey. Federal judges in New Jersey had already rebuffed her appointment since her confirmation process stretched past the 120-day limit. Despite an initial loss on the matter, the Trump administration appealed the disqualification ruling in order to keep her on board.
Judge Brann ruled that Habba’s appointment to be the feds’ interim top federal prosecutor was illegal. He stated that “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.” The ruling has important ramifications for the things she has done as State Auditor, such as the indictment of Pina.
Furthermore, Brann indicated that “her actions since that point may be declared void,” suggesting potential legal ramifications for any decisions or indictments she issued while serving in this capacity. The ruling provides the Trump administration an opportunity to appeal before it goes into effect. This gives them time to breathe and think of what they want to do next.
The consequences of this decision reach far past Habba’s specific situation. Unresolved animosities continue to cloud selection of judges. These complexities combined to create a perfect storm of vacancies for the key legal posts that required Senate confirmation during the Trump administration. As further legal challenges shake out, both Habba’s clout and the administration’s nimbleness in responding will continue to be very closely watched.