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BREAKING: Alina Habba resigns as Acting US Atty for NJ after court ruling

Last week a federal appeals court has ruled that Habba is unlawfully in the position.

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Last week a federal appeals court has ruled that Habba is unlawfully in the position.

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Roberto Wakerell-Cruz Montreal QC
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Alina Habba announced Monday that she is stepping down as US Attorney for the District of New Jersey, citing a ruling by the Third Circuit and what she described as efforts to preserve the “stability and integrity” of the office.

In a statement released December 8, Habba highlighted her tenure under Attorney General Pam Bondi and Deputy Attorney General Todd Blanche, saying her office helped make New Jersey safer by driving down crime, removing violent offenders from the streets, and securing major prosecutions. She pointed to Camden’s first murder-free summer in 50 years as one of the outcomes of that work.

Last week a federal appeals court ruled that Habba is unlawfully in the position. A panel of three judges on the 3rd US Circuit of Appeals upheld a lower court's decision which said that the Trump administration unlawfully appointed Habba to the position.

"Under the Government’s delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto U.S. Attorney indefinitely,” the panel wrote in the ruling. “This view is so broad that it bypasses the constitutional (appointment and Senate confirmation) process entirely.”

Full statement from Habba: For the past five years, I’ve fought for justice on behalf of the American people, and in my tenure under our great Attorney General Pam Bondi and Deputy Attorney General Todd Blanche, we made New Jersey safer. Camden had its first murder-free summer in 50 years. We drove down crime, took violent offenders off the streets, caught terrorists, and put away child predators.

While I was focused on delivering real results, judges in my state took advantage of a flawed blue slip tradition and became weapons for the politicized left. For months, these judges stopped conducting trials and entering sentences, leaving violent criminals on the streets. They joined New Jersey senators, who care more about fighting President Trump than the well being of residents which they serve.

For four years, I fought against lawfare aimed at President Trump and against politics infecting our justice system. What these obstructionists misunderstood is that my loyalty is not to politics, a title, or a ZIP code. It is to this great country.

As a result of the Third Circuit’s ruling, and to protect the stability and integrity of the office which I love, I have decided to step down in my role as the U.S. Attorney for the District of New Jersey. But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me.

My fight will now stretch across the country. As we wait for further review of the court’s ruling, I will continue to serve the Department of Justice as the Senior Advisor to the Attorney General for U.S. Attorneys. Make no mistake, you can take the girl out of New Jersey, but you cannot take New Jersey out of the girl.

US Attorney General Pam Bondi said in a a statement: "Following the flawed Third Circuit decision disqualifying Alina Habba from performing her duties in the U.S. Attorney’s Office for the District of New Jersey, I am saddened to accept Alina’s resignation.

The court’s ruling has made it untenable for her to effectively run her office, with politicized judges pausing trials designed to bring violent criminals to justice. These judges should not be able to countermand the President’s choice of attorneys entrusted with carrying out the executive branch’s core responsibility of prosecuting crime.

This situation is particularly unfortunate given Alina’s strong record of achievement in office. Under her leadership, Newark saw a 20% reduction in crime, and Camden experienced its first summer in 50 years without a homicide.

The Department of Justice will seek further review of this decision, and we are confident it will be reversed. Alina intends to return to lead the U.S. Attorney’s Office for the District of New Jersey if this occurs.

In the meantime, Alina will be continuing with the Department of Justice as Senior Advisor to the Attorney General for U.S. Attorneys, helping drive the fight against violent crime nationwide."
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