Most of the state's federal judges have postponed matters before them because of a court challenge to acting U.S. Attorney Alina Habba's appointment. (Fran Baltzer for New Jersey Monitor)
Reprinted with permission New Jersey Monitor
Most of the state’s federal judges have adjourned matters before them because of a court battle over the legality of acting U.S. Attorney Alina Habba’s appointment, and the delays could go on for the next few months, according to the Trump administration.
In a six-page motion filed with the U.S. 3rd Circuit Court of Appeals Tuesday, U.S. Department of Justice officials say New Jersey’s federal courts could grind to a halt because of a federal judge’s Aug. 21 ruling that Habba no longer has any legal authority to act as New Jersey’s chief federal prosecutor.
Even before that decision, at least 12 federal judges in the District of New Jersey postponed trials, guilty plea hearings, sentencing hearings, and more because Habba’s authority had been questioned, the letter says.
“The longer it takes to resolve these appeals, the greater the risk that still more matters will be adjourned indefinitely, contrary to the interests of the Government, defendants, and the public in the disposition of criminal cases,” the government’s letter reads.
The Trump administration and the other parties in the case concerning Habba’s appointment have asked the appeals court to hear the case in late October or early November.
President Donald Trump named Habba, his former personal attorney, as acting U.S. attorney back in March. Federal law allows for acting U.S. attorneys to serve for 120 days without U.S. Senate confirmation, but when Habba’s term was up and the Senate had yet to hear her nomination, the administration implemented a series of personnel moves in an attempt to keep her on the job for an additional 210 days.
U.S. District Judge Matthew Brann, the Pennsylvania judge who heard the case because of a venue change, found in his Aug. 21 ruling that Habba’s legal appointment ended on July 1, and that she is no longer legally performing the duties of U.S. attorney. The Trump administration is appealing that ruling.
