Obama-nominated judge Matthew Brann has ruled that Alina Habba has unlawfully served in the role of acting US attorney of New Jersey. Donald Trump cleverly sidestepped processes to keep her in the job. Leftist New Jersey judges had made the rare decision to refuse to extend Habba’s term and instead they appointed leftist career attorney Desiree Grace in the position. Trump fired Grace, withdrew Habba’s nomination and then reinstated her as acting US attorney. It should have kept her in the job for another 210 days under federal statute.
Brann’s opportunity came when two criminals – defendants – came before her challenging her appointment in court.
“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 wrote in a 77-page order.
Chuck Schumer has blocked all of Trump’s nominees for U.S. District judge except one. Trump’s own colleagues in the Senate haven’t done a bang-up job of getting his nominees through. They like to assert their power and get something for every single thing they do.
The Obama judge doesn’t like Habba because she was Trump’s personal attorney and she’s a Republican. Justice Roberts would undoubtedly say you can’t call him an Obama judge and you can’t say it’s personal, but I believe it is.
Attorney General Pam Bondi immediately reacted to the ruling, writing on X, “We will immediately appeal. @USAttyHabba is doing incredible work in New Jersey – and we will protect her position from activist judicial attacks.”
The Senate unanimously approved Brann for his position when Obama nominated him in 2012. That’s typical of our Senate. Meanwhile, they drag their feet or block Republicans unless of course they’re wildly RINOish.
As long as we appear bipartisan, McConnell is happy.
Brann said the Trump administration improperly flouted the Federal Vacancies Reform Act by exploiting its loopholes in Habba’s case.
“A statutory interpretation that opens a gaping loophole in this tightly crafted scheme meant to provide only limited flexibility and prevent ‘manipulation’ flies in the face of the goal that Congress was trying to accomplish,” Brann wrote. “Although clearer text could require such a result, the Government’s arguments reaching such a conclusion through vague implication must fail.”
Spoken like a true Obama judge.
Nonsense, this judge is an illegal appointment