Newsweek: Alina [Bimbo #4] Habba defies judges’ ouster: ‘Broken’

Alina [Bimbo #4] Habba, former personal defense lawyer to President Donald Trump, is pushing back forcefully against efforts to remove her from her post as U.S. Attorney for New Jersey—vowing to fight what she describes as a politically motivated campaign to oust her.

“To put it in really simple terms, it’s a complicated mechanism—what’s happening—and it’s, frankly, I think, a broken one,” she said during an interview with political commentator Benny Johnson.

Why It Matters

It comes after a panel of federal judges in New Jersey declined to extend [Bimbo #4] Habba’s term as the state’s interim top prosecutor.

Trump tapped [Bimbo #4] Habba to serve as interim U.S. attorney in late March and nominated her on July 1 to be the U.S. attorney in a permanent capacity, which would have removed her interim status by the end of this week.

But a DOJ spokesperson told The New York Times on Thursday that the president has withdrawn her nomination, which will allow her to continue serving in a temporary capacity.

What To Know

During the interview, [Bimbo #4] Habba said the Senate’s blue slip courtesy—a nonbinding tradition—is being used to block presidential appointments of U.S. attorneys, which she says effectively amounts to stalling or undermining the president’s authority.

The blue slip tradition is a Senate custom that gives home-state senators significant influence over federal judicial and U.S. attorney nominations in their state. It allows a senator to approve or block a nominee by returning or withholding a blue-colored form, known as the “blue slip,” to the Senate Judiciary Committee.

In [Bimbo #4] Habba’s case, both of New Jersey’s Democratic senators, Cory Booker and Andy Kim, withheld their blue slips, signaling formal opposition and preventing her nomination from moving forward through the Senate Judiciary Committee.

Booker and Kim allege that she has pursued politically motivated prosecutions against Democratic lawmakers to serve Trump’s agenda.

During [Bimbo #4] Habba’s tenure as interim U.S. Attorney for the District of New Jersey, Mayor Ras Baraka of Newark was charged with trespassing following a congressional visit to an immigration detention facility. The case was dropped days later, and a federal judge condemned the arrest as a “worrisome misstep,” warning it should not be used as a political tool.

Meanwhile, Representative LaMonica McIver was charged with assaulting federal agents during the same protest. McIver and critics called the prosecution politically motivated, especially given her congressional oversight role. Legal experts observed the case appeared “spectacularly inappropriate,” claiming [Bimbo #4] Habba bypassed required DOJ supervisory approval for charges against elected officials.

[Bimbo #4] Habba also launched investigations into Democratic Governor Phil Murphy and Attorney General Matt Platkin, focused on New Jersey’s decision to limit cooperation with federal immigration enforcement—a move viewed by critics as aligned with Trump’s political priorities.

But [Bimbo #4] Habba said the decision to remove her from her post was an attempt to thwart President Trump’s powers.

“What we’re seeing is a systemic problem, where they are using the blue slip courtesy—it’s not a law—as a mechanism to block the appointment of U.S. attorneys by the president, per the Department of Justice,” Habba said.

“That puts those U.S. attorneys in a position where they’re kind of stuck. You’re in this freeze, and you can’t get out. Then they’ll run the clock on you, and basically, what ends up happening is they’re attempting to thwart the president’s powers.

“What we saw in my situation, the Senate minority leader sent direct instructions on Twitter telling the judges to vote and block me. Once it’s out of Senate ownership, the judges can vote to keep you. I stepped down as interim and am now the acting attorney.. You have 120 days in the interim, I stepped down the day before.”

Trump has the power to remove U.S. attorneys who have been appointed by judges.

A panel of federal judges in New Jersey ruled on Tuesday to replace [Bimbo #4] Habba with her handpicked top deputy in the U.S. attorney’s office, Desiree Leigh Grace, after her 120 day term was up.

Soon after the court’s decision, the Justice Department, led by Attorney General Pam Bondi, fired Grace and accused the judges of political bias meant to curb the president’s authority.

In response, Trump’s team withdrew [Bimbo #4] Habba’s nomination for the permanent role—allowing her to resign as interim U.S. Attorney, then be appointed First Assistant U.S. Attorney, and automatically ascend to the role of acting U.S. Attorney under relevant vacancy laws, extending her tenure for another 210 days.

What People Are Saying

Harrison Fields, a White House spokesperson, previously told Newsweek in a statement: “President Trump has full confidence in Alina [Bimbo #4] Habba, whose work as acting U.S. Attorney for the District of New Jersey has made the Garden State and the nation safer. The Trump Administration looks forward to her final confirmation in the U.S. Senate and will work tirelessly to ensure the people of New Jersey are well represented.”

What Happens Next

[Bimbo #4] Habba will remain in her role as interim U.S. attorney in New Jersey for at least the next 210 days.

Alina Habba is Trump’s suck-up pit bull, an incompetent corrupt political hack who has no business serving as U.S. Attorney.

https://www.newsweek.com/alina-habba-new-jersey-us-attorney-2104538

MSNBC: How a routine drug case could decide Alina [Bimbo #4] Habba’s fate as U.S. attorney

A New Jersey defendant argues that [Bimbo #4] Habba can’t lawfully prosecute the case because she isn’t legally the U.S. attorney for New Jersey.

When Julien Giraud Jr. was federally indicted on drug and gun charges last year in New Jersey, he had little reason to think his case would double as a challenge to the lawfulness of Alina [Bimbo #4] Habba’s position as U.S. attorney. But that challenge is now playing out, as the defendant argues that the Trump ally isn’t lawfully serving in her position and therefore the office she purports to lead lacks the authority to prosecute him.

Whether or not she is lawfully in the role of U.S. attorney could have vast implications beyond this one case.

The challenge involves rather technical issues about federal law over vacancies and how they can be filled, so take a deep breath before taking in the following background.

[Bimbo #4] Habba had been temporarily serving as U.S. attorney since March, but her temporary period expired this month without her being confirmed by the Senate to serve full time. New Jersey’s federal judges used their legal authority to appoint a different prosecutor from the office, Desiree Leigh Grace, as the new interim U.S. attorney. But the Trump administration moved to fire Grace. President Donald Trump also withdrew his nomination of [Bimbo #4] Habba, she technically resigned, and the administration then reinstalled her through another mechanism to keep her in the job as acting U.S. attorney.

Got all that? I told you it was technical.

So what’s Giraud’s argument? In a motion filed Sunday ahead of his trial set for next week, his lawyer Thomas Mirigliano wrote that Habba’s reappointment violated federal law because the fact that Trump submitted [Bimbo #4] Habba’s nomination to the Senate prevents her from serving in an acting capacity, regardless of whether Trump subsequently withdrew her nomination or not. He argued that being prosecuted by an unauthorized U.S. attorney undermines his due process rights, so he asked U.S. District Judge Edward Kiel, the New Jersey judge handling his case, to dismiss the indictment or at least to block [Bimbo #4] Habba or any prosecutor acting under her authority from prosecuting him.

The New York Times reported that federal court proceedings throughout New Jersey “were abruptly canceled on Monday because of uncertainty over” Habba’s authority, citing Giraud’s case and others. [Bimbo #4] Habba is one of several lawyers who represented Trump in his personal capacity and have gone on to high-ranking Justice Department posts during his second term.

After Giraud filed his motion, the chief judge of the U.S. Court of Appeals for the 3rd Circuit, which covers New Jersey and nearby states, tapped Pennsylvania’s chief federal trial judge for the state’s middle district, Matthew Brann, to preside over the matter. The chief circuit judge made the move under a law that says chief circuit judges “may, in the public interest, designate and assign temporarily any district judge of the circuit to hold a district court in any district within the circuit.”

The 3rd Circuit, incidentally, is the appeals court to which another Trump personal lawyer-turned-Trump DOJ lawyer, Emil Bove, is awaiting Senate confirmation. Several whistleblowers have come forward against him to raise concerns about his conduct at DOJ and his truthfulness to lawmakers at his confirmation hearing last month.

Opposing Giraud’s motion on Tuesday, the DOJ maintained that [Bimbo #4] Habba is lawfully in her role and that even if she weren’t, “there would be no basis for dismissing this indictment or prohibiting everyone in the U.S. Attorney’s Office for the District of New Jersey (USAO-NJ) from participating in this prosecution.” The DOJ asked that the motion be denied and the case be transferred back to Kiel in New Jersey.

Brann ordered a status conference with the parties to take place Tuesday afternoon at 3:00 p.m., so the direction in which the matter is headed could become clearer later Tuesday. Whatever happens at the trial court level might not be the last word on this consequential and thorny issue, so this could be just the start of drawn-out litigation.

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/alina-habba-us-attorney-julien-giraud-lawsuit-rcna221696