Defense attorneys are beginning to challenge criminal cases due to the unusual nature of Hanna’s reinstatement.
Federal court hearings, grand jury proceedings and plea deals were abruptly canceled in New Jersey over questions about whether Alina Habba, the acting U.S. attorney, was legally appointed.
www.nytimes.com
...The confusion and cancellations in New Jersey’s courts followed a high-stakes battle last week between the Trump administration and the state’s Federal District Court judges over who would lead the U.S. attorney’s office. A panel of district judges had selected a veteran New Jersey prosecutor, Desiree L. Grace, to take over after Ms. Habba’s term as interim U.S. attorney expired last week, as they are authorized by law to do.
But Justice Department officials quickly fired Ms. Grace, a widely respected prosecutor whom Ms. Habba had appointed as her top deputy — creating a vacancy that Ms. Habba herself was named to fill days later. Then, Ms. Habba, as the most senior official in the office, was elevated to the role of acting U.S. attorney for at least the next 210 days.
One of the primary legal questions surrounding Ms. Habba’s tenure stems from a federal statute that bars candidates from serving as an acting U.S. attorney if they have been nominated to hold the job permanently.
Mr. Trump withdrew Ms. Habba’s nomination, which was pending before the U.S. Senate, before she was appointed acting U.S. attorney on Thursday, according to a Justice Department spokesman.
But legal scholars immediately began questioning whether Ms. Habba, President Trump’s former personal lawyer, was disqualified from holding the job because her name had already been submitted for Senate confirmation.
The statute states that “a person may not serve as an acting officer” if the president “submits a nomination of such person to the Senate for appointment to such office.”
“Withdrawing the nomination doesn’t change the fact that it was submitted,” Stephen I. Vladeck, a professor at the Georgetown University Law Center, wrote on social media....