The legal landscape in New Jersey is facing turbulence as a recent decision by a judge has thrown President Donald Trump’s legal tactics into question. This week, U.S. District Judge Matthew Brann turned down an attempt to allow Alina Habba to maintain her position as the U.S. attorney for New Jersey by exploiting a loophole.
Following this ruling, U.S. District Judge Esther Salas chose to postpone the sentencing of a CEO implicated in a fraud case related to the pandemic. This unexpected sentencing delay, which was originally set for September 4, marks the first ripple effect stemming from Judge Brann’s decision to disqualify Habba from participating in any cases as leader of the office.
In her ruling, Judge Salas found that the Department of Justice’s assertions that Habba or her team had the legal right to manage the sentencing of Marc Schessel—convicted last summer for misleading investors—were unfounded. Schessel had falsely reported that his company, SCWorx, was securing and reselling millions of Covid-19 test kits.
There was no immediate communication from Schessel’s lawyer regarding the postponement.
As concerns regarding Habba’s legal standing escalated, recent court documents reveal that Todd Blanche, Deputy Attorney General and the Justice Department’s second-in-command, has started co-signing legal documents alongside Habba in ordinary criminal matters. This move appears to be a strategy to protect ongoing cases from challenges regarding Habba’s authority.
This shift signifies that a high-ranking Justice Department official is now linked to cases that typically wouldn’t draw attention from figures in Washington, D.C.
The Justice Department has yet to comment on Blanche’s involvement in these cases.
In his detailed ruling, spanning 77 pages, Judge Brann clearly stated that Habba is “not lawfully holding the office of United States Attorney” and labeled her tenure as legally invalid since July 1.
Despite staying his ruling pending an appeal, Brann’s decision raises the possibility of multiple prosecutions being halted while higher courts deliberate on the legality of the Trump administration’s complex maneuver to retain Habba’s position without Senate confirmation.
Attorney General Pam Bondi announced an immediate appeal against Brann’s ruling, although no paperwork had been filed as of Friday afternoon. Habba’s office chose not to address Salas’ order directly.
In another twist, a trial regarding a triple homicide was also pushed back after the firing of the original prosecutor overseeing the case to accommodate Habba’s presidency of the office. This trial has since been rescheduled for November.
Report contributed by Erica Orden.
