Federal Judge Rules Alina Haba’s Appointment is Illegal
A federal judge has determined that Alina Haba is unlawfully serving as a U.S. attorney for New Jersey due to her appointment by President Donald Trump.
Judge Matthew Blanc made this ruling following a challenge brought by two criminal defendants in New Jersey who argued that her appointment was unconstitutional.
“In considering whether Haba is legally fulfilling her duties as a U.S. attorney in New Jersey, my conclusion is that she is not,” Blanc stated.
He suggested that Trump and Attorney General Pam Bondy exploited a loophole to appoint her as a “temporary” U.S. attorney after her term ended last month.
Blanc remarked that the legal interpretation allowed a significant loophole in a carefully structured system that was meant to offer limited flexibility while ensuring the integrity of Congress’s objectives. He added, “While clearer texts might demand such outcomes, governmental claims should derive from unclear meanings.”
Julien Girow, one of the defendants, contended that his constitutional rights were infringed upon due to the unorthodox measures taken to keep Haba in her position.
Blanc, who was appointed by Obama and serves in the Central District of Pennsylvania, concurred, stating Haba cannot prosecute Girow or others who contested her appointment.
Recently, New Jersey judges chose not to extend Haba’s term and appointed career attorney Digily Grace instead. Subsequently, Trump and Bondi attempted to terminate Grace and restore Haba’s position as U.S. attorney.
In a previous post, Bondy emphasized that Haba, a lawyer hailing from New Jersey, had failed to adequately ensure national safety. However, she also claimed that a “politically motivated judge” prevented Haba from continuing in her role.
“As a result, New Jersey’s first assistant U.S. attorney has just been removed,” Bondy remarked. “This Department of Justice will not condone fraudulent judges, especially when they jeopardize the powers of the President’s core Article II.”
According to reports, Blanc’s decision opens the door for Haba to appeal in federal court.
