Hours after a judge ruled against acting U.S. Attorney Alina Habba and deemed her unlawfully in her position, she appeared on Fox News to lambast “rogue” members of the judiciary, and warned they should be “respecting the president.”
Habba, Donald Trump’s former personal lawyer, has been embroiled in a chaotic power struggle at the U.S. Attorney’s office in New Jersey, after the president unsuccessfully attempted to nominate her to serve as the state’s top prosecutor .
In July, New Jersey’s federal trial judges attempted to replace Habba with their own nominee as her 120-day term as acting U.S. Attorney came to an end. Trump and Attorney General Pam Bondi intervened to keep Habba in the acting role for an additional 210 days.
But on Thursday, New Jersey federal Judge Matthew Brann ruled that Habba could not preside over criminal cases, declaring her to be acting “without lawful authority.”
Hours later, Habba joined Fox News host Sean Hannity to complain about “rogue” judges who have ruled against the Trump administration. Without naming names, she declared that judges who do not allow the president to do what he wants are being defiant.
“We will not fall to rogue judges, we will not fall to people trying to be political when they should just be doing their job, respecting the president,” Habba declared. The Independent has asked Habba’s office for comment.
Judges are not obligated to follow the president’s demands, and operate independently of the executive branch.
However the Trump administration has misrepresented the role of judges, and the president has put immense pressure on the judiciary by pushing the bounds of his authority.
More than 200 lawsuits have been filed across the U.S. in response to Trump’s executive orders with at least 119 facing partial or total blocks. That includes Trump’s efforts to get rid of birthright citizenship, make dramatic cuts to the federal workforce, and restrict access to voting.
Trump has called out judges by name on his social media accounts when he disagrees with their rulings.
In March, Trump called District Judge James Boasberg a “radical left lunatic” and called for his impeachment after he questioned the government for not complying with his previous order halting deportation flights. Soon after, Boasberg’s family, including his daughter, became the target of attacks online.
Supreme Court Chief Justice John Roberts emphasized the importance of an independent judiciary earlier this year. The justice later denounced Trump and his allies for calling for Boasberg’s impeachment, saying it was “not an appropriate response to disagreement concerning a judicial decision.”
Judge John C. Coughenour, the first judge to block the administration’s attempts to unilaterally end birthright citizenship, was the victim of “SWATing” – when an anonymous tipster calls in a fake threat of violence, sending a swarm of law enforcement to someone’s home.
The Federal Judges Association, a voluntary group of more than 1,000 judges across the nation, said the judiciary plays a “critical role in preserving democracy and a law-abiding society,” in a statement to NPR. “Judges must be able to do their jobs without fear of violence or undue influence,” they added.
In his ruling against Habba on Thursday, District Court Judge Matthew Brann said she was “not currently qualified” to carry out the duties of the U.S. attorney’s office in New Jersey and therefore should be “disqualified” from participating in cases.
Brann’s ruling came after a criminal defendant in New Jersey questioned whether his case could move forward with Habba as acting U.S. Attorney. Habba’s unclear status as the lead prosecutor in New Jersey has thrown the office into chaos, with some state prosecutors admitting in court that upcoming trials may have been adjourned.
For Habba to become U.S. Attorney in New Jersey, she would need to be confirmed by the Senate, but that is unlikely to occur. Both of New Jersey’s senators, who are Democrats, have strongly opposed her nomination.
While Brann said he found Habba’s authority to be unlawful, he did not enforce any immediate action, to allow the government to appeal his order.
“We will win, we always do, it just takes time,” Habba, who has lost several cases while representing Trump, told Hannity.
