The August 21 ruling escalates the Trump administration’s fight against justice against Haba’s appointment.
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President Donald Trump’s choice to lead New Jersey federal prosecutor Alina Haba has been serving illegally for nearly two months, a judge ruled on August 21.
Trump chose his former personal attorney, Haba, as his interim US lawyer for New Jersey in March. But maintaining that role has proven challenging.
On July 22nd, a committee of judges refused to appoint Haba to the role. Attorney General Pam Bondi responded by eliminating the staff who would replace Habba.
“This Department of Justice does not tolerate fraudulent judges, particularly when threatening the powers of the President’s core Article 2,” Bondy wrote in a July 22nd post on X.
On August 21 of federal judge Matthew W. Blanc, it was determined that Haba’s provisional appointment had concluded on July 1. Blanc wrote that the court could declare Habba’s actions after July 1st.
“And she must be disqualified from participating in an ongoing case because she is currently not eligible to exercise the functions and duties of the office with her acting abilities,” Blanc added.
Brann was asked to consider the issue after multiple criminal defendants challenged Habba’s role in their case. The judge said Habba could not participate or supervise the prosecution of these defendants and that her past actions in their cases were invalid, including signing the charges. However, he refused to dismiss the case himself.
Attorney for one of the defendants, Cesar Pina, argued that the Trump administration has stressed its finding that it cannot circumvent the law when it comes to confirming the appointment of US lawyers.
“Prosecutors are responsible for using enormous force and, as a result, to ensure that they are qualified and properly appointed,” said two lawyers, Abbe David Lowell and Gerald Crovatin.
The Department of Justice, including its US law firm in New Jersey, did not immediately respond to requests for comment.
Blanc is the Supreme Court justice of Pennsylvania. However, he was assigned to handle cases that challenged Haba’s continued role in New Jersey federal prosecution by courts dealing with federal appeals in both Pennsylvania and New Jersey.
Blanc stopped putting his own ruling into effect until after the Trump administration had the opportunity to appeal and see what the High Court said.
Haba had never worked as a prosecutor before March. She represented Trump in several civil cases in recent years when he was away.