A judge on Thursday sided with two New Jersey criminal defendants who sought to block a former personal lawyer to US President Donald Trump, Alina Habba, from prosecuting them based on a claim she was unlawfully appointed as the state’s top federal prosecutor.
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The ruling is a setback for the Justice Department under Trump, which manoeuvred to keep Habba in her post and circumvent a judicial decision not to extend her 120-day interim tenure.
“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,” wrote US District Judge Matthew Brann.
The case was brought by two defendants in an illegal drug case, Julien Giraud Jnr and Julien Giraud III, who challenged a series of procedural manoeuvres undertaken by the Trump administration in July to keep Habba as the state’s top federal prosecutor for another 210 days.
Brann wrote that Habba’s actions since July 1 “may be declared void, including her approval of the indictment of Defendant Cesar Humberto Pina”, though that fact does not require its dismissal.
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The ruling is likely to spur similar legal challenges and could bring hundreds of federal criminal cases in New Jersey to a halt.