The Latest Breaking News from Alina Habba

Habba is not ‘lawfully performing the functions and duties of the office’ after administration’s legal showdown to keep her in office, judge says

Matthew Brann finds US government used ‘a novel series of legal and personnel moves’ to try to retain Alina Habba

Divided decision by New York appeals judges dismisses ‘excessive’ penalty but leaves room for further appeals

The judges of the Southern District of New York have approved Jay Clayton to remain as the top federal prosecutor in Manhattan

A defendant has challenged Acting New Jersey U.S. Attorney Alina Habba's appointment under the Federal Vacancies Reform Act, but he has no real case under the statute's plain language.

While Democrats try to thwart Trump on U.S. attorney nominees, Trump has worked to go around Democrats entirely.

The Department's filing makes a strong case that Habba's appointment is proper. The courts should quickly reject defendants' challenge to the appointment.

Acting through through Section 546, or temporarily through the Federal Vacancies Reform Act, the Attorney General is entitled to appoint U.S. Attorneys for the District of New Jersey and all other federal judicial districts. If done properly, such appointments preempt any need for judges to appoint U.S. Attorneys. But it…

Habba, Trump’s former personal lawyer, was reinstalled as head of the US Attorney’s Office in New Jersey after a legal maneuver by the administration

Steve Calabresi's argument that judges cannot make such interim appointments is ultimately unpersuasive, as the Appointments Clause specifically allows Congress to vest such power in the Judiciary.

The U.S. Attorney for the District of New Jersey, Desiree Leigh Grace, has been dismissed by the Justice Department.