One of the architects of the ruling that Alina Habba’s tenure as acting United States attorney for New Jersey is ‘unlawful’ is none other than the lawyer, Abbe Lowell, for New York’s attorney general, Letitia James.
Mr. Lowell is defending Ms. James against possible criminal accusations of mortgage fraud — and of violating President Trump’s civil rights. He also serves as counsel to one of the defendants, Cesar Humberto Pina, who challenged Ms. Habba’s appointment in the Garden State.
On Thursday, Judge Matthew Brann, an appointee of President Obama, threw New Jersey’s federal prosecutions into chaos by disqualifying Ms. Habba. Mr. Pina, who goes by the alias “Flipping NJ,” was indicted last month on bribery and money-laundering charges. Ms. Habba’s office accuses him of masterminding a “multi-million-dollar Ponzi-like investment fraud scheme.”
Mr. Pina — a social media real estate influencer who’s accused of using his celebrity to lure investors, including drug lords, into a Ponzi scheme — has retained something of an all-star defense team. In addition to Mr. Lowell, whose past clients include Hunter Biden and Jared and Ivanka Trump, he is represented by Norman Eisen, who served as envoy to the Czech Republic and also as a legal counsel for House Democrats during Mr. Trump’s first impeachment.
Mr. Eisen also led the effort to block him from the presidential ballot as an insurrectionist under Section Three of the 14th Amendment. Mr. Eisen, a devoted foe of the 47th president, is a paid analyst for CNN.
Mr. Pina’s third lawyer is Gerald Krovatin, a well-known litigator who is married to an erstwhile Times opinion columnist turned novelist, Anna Quindlen. The resumes of Mr. Pina’s attorneys — and the likelihood that they are working, at least in part, free of charge — suggest that the lawyers were interested in more than just asserting Mr. Pina’s innocence.
The lawyers, in their brief against Ms. Habba, wrote, “On the date Ms. Habba signed Mr. Pina’s indictment … she was not a Senate-confirmed U.S. Attorney, not an Interim U.S. Attorney, not an Acting U.S. Attorney, not First Assistant, and not even a duly-authorized Special Attorney. Because she was acting under no legal authority in bringing this indictment, Ms. Habba’s actions are ultra vires and the indictment must be dismissed.”
Judge Brann was largely persuaded of that position, though he stopped short of dismissing the indictment against Mr. Pina — or anyone else. The jurist did pause the effects of his order to allow the Trump administration time to appeal. The judge’s ruling, though, that Ms. Habba “is not lawfully holding the office of United States Attorney” could create chaos throughout New Jersey — and beyond.
Attorney General Pam Bondi on X promised an “immediate” appeal and ventured that Ms. Habba “is doing incredible work in New Jersey — and we will protect her position from activist judicial attacks.” Judge Brann’s ruling mandates that anyone who prosecutes “under the supervision or authority of Ms. Habba” is vulnerable to disqualification. Ms. Bondi’s deputy, Todd Blanche, who is Senate-confirmed, has of late begun signing documents produced in Ms. Habba’s office in an effort to limit the fallout.
Mr. Pina was joined in his challenge by a father and son, Julien Giraurd Jr. and Julien Giraurd III, who are accused of dealing fentanyl and sundry gun offenses. Mr. Pina’s case against Ms. Habba is in some sense stronger, because he was indicted on July 7— almost a week after Ms. Habba’s interim appointment expired on July 1.
While the Girauds were indicted earlier, Judge Brann’s order prevents Ms. Habba from proceeding with the case against them, which was about to move to trial before the judicial order. Mr. Trump initially nominated Ms. Habba, who once served as his personal attorney in Ms. James’s civil fraud case, for the permanent position of United States attorney — but her confirmation was blocked by New Jersey’s two Democratic senators, Andy Kim and Corey Booker.
Senator Charles Grassley, who heads the committee that would review Ms. Habba’s nomination, is respecting a longtime Senate “blue slip” convention that a state’s senators can block a nominee for United States attorney, even if they’re in the minority party.
The opposition of Messrs. Kim and Booker could derive from Ms. Habba’s prosecution of two Garden State Democrats, Mayor Ras Baraka of Newark and Congresswoman LaRonda McIver. Both were charged with assault and trespassing after a confrontation at an ICE facility. The charges against Mr. Baraka were dropped following a judicial reprimand of the prosecutors. The prosecution of Ms. McIver, who can be seen on video pushing an ICE officer, proceeds apace and could lead to prison time.
Ms. Habba told Fox News, “I was the nominee to become the U.S. attorney. And Cory Booker and Andy Kim — who I have never, to this day, spoken to in my life, despite my attempts to meet them — have truly, truly done us a disservice. … And frankly, same with Senator Grassley by holding up a traditional blue slip, not a law, and not allowing a lot of the president’s picks to go through and be voted on by the Senate.”
Mr. Grassley’s respect of the blue slip convention is seen as an effort to prevent a tit-for-tat response when Democrats retake the Senate, whenever that day arrives.
Once Ms. Habba’s interim 120-day appointment ran out, federal statute mandates that the judges of the district vote on whether to extend or terminate that mandate. Fifteen of New Jersey’s 17 federal judges were placed on the bench by Democratic presidents. The jurists rejected her from continued service, and instead turned to her first assistant, Desiree Grace. Ms. Bondi fired Ms. Grace, and re-installed Ms. Habbas as acting United States attorney.
Mr. Lowell’s challenge, though, has now thrown Ms. Habba’s authority into question. The lawyer, who launched his own firm in May and whose fees in the James case are being paid for by New York taxpayers, issued a statement after Judge Brann’s opinion was handed down, declaring that “this administration cannot circumvent the congressionally mandated process for confirming U.S. attorney appointments.”
(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)
