US judge rejects unusual plan to replace Alina Habba

WASHINGTON: A federal judge has ruled that three prosecutors appointed by the Trump administration to lead the New Jersey attorney general’s office were also appointed illegally.

US Attorney General Pam Bondi selected the three prosecutors to replace Alina Habba, former personal lawyer to President Donald Trump. Habba had resigned in December after several court rulings found that she was serving illegally because she had never received confirmation from the US Senate.

On Monday, Federal Judge Matthew Brann said Bondi repeated the same mistake by bypassing congressional approval when appointing the three replacements. Although the judge did not immediately order their removal while the government appeals, he warned that the executive branch’s actions could threaten the validity of cases handled by the office.

In his 130-page ruling, Brann said the government’s interpretation of the law would allow a president to avoid the Senate confirmation process entirely.

“On the government’s reading, the president would have had no need ever to seek the Senate’s advice and consent for his US attorney appointments,” Brann wrote.

He added that such an interpretation would allow the president to appoint preferred candidates indefinitely, even if the Senate were likely to reject them.

Brann, chief judge of the US District Court for the Middle District of Pennsylvania, had previously ruled in August that Habba’s appointment was unlawful. He accused the administration of using “a novel series of legal and personnel moves” to keep her in the position.

After Habba stepped down, Bondi attempted to restructure the leadership by dividing the role into three parts and appointing lawyers Jordan Fox, Ari Fontecchio, and Philip Lamparello to share the responsibilities.

Bondi argued that because the position had been divided among multiple individuals, Senate confirmation was not required.

However, Judge Brann ruled that Bondi had no legal authority to split the position or appoint officials in a way that bypassed laws requiring Senate approval.

The US Department of Justice did not immediately respond to requests for comment.

Habba, who is now serving as a senior adviser to Bondi, criticised the ruling on social media, calling it “another ridiculous decision.” She accused judges of attempting to block President Trump’s policies and said the administration would continue its efforts despite the legal challenges.