• This is a political forum that is non-biased/non-partisan and treats every person's position on topics equally. This debate forum is not aligned to any political party. In today's politics, many ideas are split between and even within all the political parties. Often we find ourselves agreeing on one platform but some topics break our mold. We are here to discuss them in a civil political debate. If this is your first visit to our political forums, be sure to check out the RULES. Registering for debate politics is necessary before posting. Register today to participate - it's free!

(Axios) Alina Habba's legal authority as prosecutor challenged in criminal lawsuit

Slartibartfast

Jesus loves you.
Supporting Member
DP Veteran
Monthly Donator
Joined
Jan 8, 2010
Messages
84,392
Reaction score
77,305
Location
NE Ohio
Gender
Male
Political Leaning
Liberal

A lawyer who is working on a criminal lawsuit in New Jersey seeks to dismiss the case by questioning Alina Habba'slegitimacy to lead the U.S. attorney's office in the state.

Why it matters: The lawsuit challenging Habba's legal authority underscores the effects of the Trump administration's unconventional approach of appointing officials who sometimes lack the background or the congressional support necessary to lead key offices.
Defense attorneys are beginning to challenge criminal cases due to the unusual nature of Hanna’s reinstatement.
 
Good, this skank chud should also be disbarred.
 
Seems like a reasonable thing for a competent defense lawyer to use.
 
Just another glaring example of the administration's incompetence.
 
This whole issue arose because even the Senate Republican's are drawing the line at confirming the idiot Habba.
 


Defense attorneys are beginning to challenge criminal cases due to the unusual nature of Hanna’s reinstatement.

...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....
 
“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....
Ignorance of the law seems to be the Regime's only excuse (and qualification). That's why she was Trump's pick.
 
Back
Top Bottom