Today a federal district court (Judge Brann) ruled that Alina Habba is not lawfully acting as the U.S. Attorney for the District of New Jersey. But, remarkably, the district court failed to explain who instead lawfully holds the power of the U.S. Attorney for that district. The district court apparently recognized the uncertainty that its ruling would create, staying the ruling pending the Justice Department's sure-to-follow appeal. But the fact that the district court's order gives no answer to that basic question is, itself, strong reason for questioning its reasoning. On my reading of the relevant statutes, Ms. Habba is currently lawfully exercising the powers of the U.S. Attorney for New Jersey via the interim appointment statute. And if for some reason Ms. Habba lacks authority under
Who Is Lawfully Exercising the Powers of the U.S. Attorney for the District of New Jersey?
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