Alina Habba "unlawfully appointed" New Jersey AG, federal judge rules

A federal judge on Thursday ruled that Alina Habba has been acting without legal authority as acting U.S. attorney for New Jersey for almost two months.Why it matters: Habba's actions since July 1 may be considered void, U.S. District Judge Matthew Brann wrote."Because she is not currently qualified to exercise the functions and duties of the office in an acting capacity, she must be disqualified from participating in any ongoing cases," he wrote. Driving the news: A July lawsuit filed by an attorney representing a client in a criminal case questioned Habba's legitimacy to lead the U.S. attorney's office in New Jersey. The defendant, Julien Giraud Jr., faces charges in a drug and gun-related case.Zoom in: President Trump appointed Habba, previously his counselor, Habba as interim U.S. attorney for New Jersey in late March.Judge Brann, however, concluded that the 120-day countdown started when Habba's predecessor, John Giordano, was appointed as an interim federal prosecutor in early March, which meant Alina Habba's authority ended on July 1. Brann also rejected the Trump administration's argument that Habba was appropriately appointed to fill the role as first assistant U.S. attorney on July 24. He said she was "unlawfully appointed" during this term. State of play: Habba was the second U.S. attorney nominee that was unable to receive Senate confirmation.U.S. pardon attorney Ed Martin was Trump's original pick for U.S. attorney for the District of Columbia before being dropped in May, once it became clear that his prior election denialism would prohibit his ability to garner enough votes in the Senate.The Department of Justice did not immediately respond to Axios' request for comment.Go deeper: Alina Habba's legal authority as prosecutor challenged in criminal lawsuitEditor's note: This story has been updated with details throughout.

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