Alina Habba ‘Unlawfully’ Serving As New Jersey’s Top Federal Prosecutor, Judge Rules

(Pool File via AP)

Alina Habba’s tenure as the top federal prosecutor for the state of New Jersey has been ruled “unlawful” by a U.S. District Judge.

Habba served as President Donald Trump’s personal attorney in is civil cases before he appointed her as New Jersey’s interim U.S. attorney, despite the fact she had no experience in criminal law, according to The New York Times.

The Trump administration had used a legal loophole to keep Habba in office after her interim 120-day appointment expired.

Two New Jersey criminal defendants sued to block Habba from prosecuting them based on the claim her tenure was illegal.

“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,” Judge Matthew W. Brann wrote in a 77-page decision Thursday.

“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.”

The Times called it a “remarkable rebuke to a Justice Department that has undertaken extraordinary measures to keep its preferred U.S. attorneys in their jobs.”

A spokesperson for Habba did not immediately comment.

However, Habba did post on social media Thursday about a ruling to drop the $500 million penalty against Trump, although he is still guilty of 34 courts of business fraud.

“Today’s ruling by the New York appeals court is a resounding victory for President Trump and his company,” Habba wrote. “The court struck down the outrageous and unlawful $464 million penalty, confirming what we have said from the beginning: the Attorney General’s case was politically motivated, legally baseless, and grossly excessive. President Trump won – and justice won with him.”

Read the legal opinion against Habba here.