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How Liberal Lawfare Actors Spearheaded Case That Got Trump-Appointed Prosecutor Disqualified
A three-judge panel disqualified President Donald Trump’s former personal lawyer as the acting U.S. attorney in New Jersey, in a case pushed by the head of a liberal lawfare group, and by Hunter Biden’s former lawyer.
The panel of the U.S. Court of Appeals for the 3rd Circuit determined Monday that Alina Habba’s appointment violated federal procedures. This upheld U.S. District Judge Matthew Brann’s ruling in August.
“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” Judge D. Michael Fisher wrote in the ruling. “Its efforts to elevate its preferred candidate for U.S. Attorney for the District of New Jersey, Alina Habba, to the role of Acting U.S. Attorney demonstrate the difficulties it has faced.”
The litigation to disqualify Habba involved Democrat lawyers opposing the Trump administration, such as Norm Eisen, the executive chairman of the Democracy Defenders Fund, who vowed to bring more than 100 lawsuits against the Trump administration.
Also in the mix was Abbe Lowell, the former attorney for Hunter Biden, the son of former President Joe Biden.
Gerry Krovatin, a New Jersey lawyer involved in ethics cases against Republicans and Democrats in the state, also represented one of the plaintiffs.
“The court’s decision affirms that U.S. Attorney Alina Habba is unlawfully and invalidly serving as the chief federal law enforcement officer in New Jersey, marking the first time an appellate court has ruled that President Trump cannot usurp longstanding statutory and constitutional processes to insert whomever he wants in these positions,” the three lawyers said in a statement. “We will continue to challenge President Trump’s unlawful appointments of purported U.S. Attorneys wherever appropriate.”
The lawyers needed a client with standing to challenge Habba’s capacity to bring charges. The three lawyers represented Cesar Pina, who pleaded not guilty to wire fraud, money laundering, and bribery charges. Pina was among plaintiffs who challenged Habba’s authority to bring criminal cases.
The disqualification marks another setback for the Trump administration’s Justice Department regarding appointed prosecutors.
Last week, a federal judge dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James. The judge determined that Lindsey Halligan had been unlawfully appointed as interim U.S. attorney for the Eastern District of Virginia.
Reuters contributed to this story.
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