Judge rules MAGA prosecutor has 'no lawful authority' and renders all her decisions 'void'

21 August

Alina Habba outside Trump Tower in New York City on March 21, 2023 (Joe Tabacca/Shutterstock.com)

A federal judge ruled Thursday that Alina Habba, a longtime ally and former personal attorney of President Donald Trump, was unlawfully serving as the Acting U.S. Attorney for the District of New Jersey, rendering all official actions taken by her office since her disputed reappointment "void."

The decision marks a dramatic legal and political setback for the Trump administration and raises questions about the status of dozens of federal prosecutions in the state.

The ruling comes after months of mounting controversy over Habba’s appointment. Initially named to the position by Trump in March under a 120-day statutory authority window, Habba’s legal tenure expired in early July.

At that point, federal judges in New Jersey acted within their authority to appoint veteran prosecutor Desiree Leigh Grace to succeed her.

But in an unprecedented move, the Trump administration removed Grace days later, withdrew Habba’s pending Senate nomination, and used a legal workaround to reinstall Habba as the acting U.S. Attorney — this time under the Federal Vacancies Reform Act by designating her as First Assistant.

That maneuver immediately sparked backlash, prompting legal challenges from defendants in federal criminal cases and scrutiny from lawmakers, former Justice Department officials, and constitutional scholars.

Several criminal defendants argued that Habba’s authority was illegitimate and that any prosecutions led by her office should be nullified. Members of Congress, including both Democrats and a former Republican — filed a friend-of-the-court brief citing the Preserving United States Attorney Independence Act of 2007, which was designed to prevent executive overreach in U.S. attorney appointments.

In his ruling, Judge Matthew Brann of the U.S. District Court for the Middle District of Pennsylvania determined that Habba’s continued service in the role violated both the letter and spirit of federal law governing such appointments.

He wrote that Habba was “acting without lawful authority” and that all official acts carried out by her office following the expiration of her temporary term lacked legal force.

The judge’s decision casts immediate doubt on potentially hundreds of prosecutions, investigations, and legal decisions authorized by Habba and her team during the past several weeks.

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