The Department of Justice (DOJ) will “immediately appeal” a federal judge’s decision that said President Donald Trump’s pick for acting U.S. attorney for New Jersey, Alina Habba, was not “lawfully” appointed to the position.
U.S. Attorney General Pam Bondi made the announcement in a Thursday X post:
Responding to news of U.S. District Judge Matthew W. Brann’s decision hours before, Bondi wrote, “We will immediately appeal. @USAttyHabba is doing incredible work in New Jersey — and we will protect her position from activist judicial attacks.”
Brann issued his ruling after two New Jersey criminal defendants challenged Habba’s appointment in court, calling it unconstitutional, Breitbart News reported.
“The Executive branch has perpetuated Alina Habba’s appointment to act as the United States Attorney for the District of New Jersey through a novel series of legal and personnel moves,” wrote the Obama-appointed judge.
“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,” he continued. “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.”
Habba, whom Trump selected to serve as counselor to the president in December before he elevated her to the acting U.S. attorney position in March, was voted out of her role in July after district court judges decided to replace her with her top assistant as her 120-day interim period came to a close.
The DOJ fired Habba’s replacement, Desiree Grace, just hours after the district judges voted her in.
While Trump nominated Habba for the full four-year term in July, she currently has no path to confirmation as her state’s two Democrat senators, Cory Booker and Andy Kim, said they will not support her.
Senate Judiciary Committee Chairman Chuck Grassley (R) has not moved forward with Habba’s nomination because Booker and Kim have refused to turn over their blue slips for her as per Senate tradition, garnering ire from both Habba and Trump.
“Chuck Grassley, who I got re-elected to the U.S. Senate when he was down, by a lot, in the Great State of Iowa, could solve the ‘Blue Slip’ problem we are having with respect to the appointment of Highly Qualified Judges and U.S. Attorneys, with a mere flick of the pen,” Trump wrote in a July Truth Social post.
The Judiciary chairman responded in a statement to open a committee hearing on nominations, the Hill reported.
“Last night, I was surprised to see President Trump on Truth Social go after me and Senate Republicans over what we call the blue slip,” the Iowa senator said. “I was offended by what the president said, and I’m disappointed it would result in personal insults.”
Habba added that Grassley is doing a “disservice” by holding up her confirmation process in a Thursday interview with Fox News:
“No. 1, I was the nominee to become the U.S. attorney. And [Democratic New Jersey Sens.] Cory Booker and Andy Kim — who I have never, to this day, spoken to in my life, despite my attempts to meet them — have truly, truly done us a disservice,” she said during an appearance on Hannity.
“And frankly, same with Sen. Grassley by holding up a traditional blue slip, not a law, and not allowing a lot of the president’s picks to go through and be voted on by Senate,” she added. “I didn’t even get to that point.”
Habba also called Brann’s decision “disturbing” but said she will continue to fight.
“I am the pick of the president, I am the pick of Pam Bondi, our attorney general, and I will serve this country like I have for the last several years, in any capacity,” she said.
“You might try and change my title, you might try and fight me, but just like today with New York, we will win,” Habba added, referring to the civil fraud penalty in Trump’s New York case that was dismissed on Thursday.
Olivia Rondeau is a politics reporter for Breitbart News based in Washington, DC. Find her on X/Twitter and Instagram.
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