Gally was appointed as the U.S. Attorney of New Jersey. The decision is being seen as a significant setback for the Trump administration, which had been trying to keep Haba in the position for months.
Elena Haba, who is primarily Donald Trump’sTrump’s personal lawyer, was appointed as the acting U.S. Attorney for New Jersey for 120 days in March. After the presidential nomination, she was nominated for the permanent position, but two Democratic senators from New Jersey, Cory Booker and Andy Kim, did not accept her nomination. The Senate’s opposition blocked Haba’sHaba’s path.
Later, when her interim term ended, the Trump administration tried to bring her back to the same position through complicated legal means. First, Hiba was promoted to ” first assistant,” then to “special attorney” with special powers, and was reassigned to the top job. All of these actions, the court said, were not in accordance with the law.
The three-judge panel in Philadelphia clearly stated that the administration sought to find a loophole to retain an attorney of its choosing, but the law does not allow for such a loophole. The judges wrote that New Jersey citizens and federal office staff need stable leadership, not a situation where the very appointment appears questionable.
The decision comes at a time when New Jersey courts were already operating under uncertainty. The uncertainty over Hiba’s status has slowed the pace of some critical criminal cases and is also affecting grand jury proceedings.
On the other hand, the lawyers challenging Haba’sHaba’s appointment, Abbey Lovell, Gerald Crovatin, and Norm Eisen, have said that the decision shows that the president cannot afford to put his favorites in important positions where the law clearly states the procedure.
Interestingly, Elena Haba is not the only one facing this kind of action. Two other interim attorneys appointed by Trump in Virginia and California are also caught up in similar legal complications. A few days ago, a federal judge also declared the interim attorney of Virginia, Lindsay Halligan, illegal.
If the Trump administration maintains this position at subsequent stages of the appeal, the case could reach the Supreme Court. But as things stand, the courts have made it clear that no interim position can continue indefinitely, nor can the law be bent through complicated appointments.
The current ruling is that Elena Haba lacked legal authority to hold the position after July 1, and a new leader must emerge to lead the New Jersey federal office going forward.
