Overview

• Two criminal defendants have asked Judge Matthew Brann to disqualify Habba and dismiss indictments on the grounds that her 120-day interim term expired under the Preserving United States Attorney Independence Act.
• Current and former members of Congress filed a brief arguing that the 2007 statute’s deadline and judicial appointment provision must be upheld to protect separation of powers.
• Justice Department lawyers countered that Habba’s service is valid under the Federal Vacancies Reform Act after President Trump removed the court-appointed successor, Desiree Leigh Grace.
• Brann has expedited the case schedule, setting a ruling by midweek and indicating the decision will almost certainly be appealed to the Third Circuit.
• New Jersey federal courts have paused or transferred prosecutions, adjourned trials and refused arraignments while the question of Habba’s authority remains unresolved.