Latest news with #legalmaneuver
The Independent
6 days ago
- Politics
- The Independent
Trump administration's lawsuit against all of Maryland's federal judges meets skepticism in court
A judge on Wednesday questioned why it was necessary for the Trump administration to sue Maryland's entire federal bench over an order that paused the immediate deportation of migrants challenging their removals. U.S. District Judge Thomas Cullen didn't issue a ruling following a hearing in federal court in Baltimore, but he expressed skepticism about the administration's extraordinary legal maneuver, which attorneys for the Maryland judges called completely unprecedented. Cullen serves in the Western District of Virginia, but he was tapped to oversee the Baltimore case because all of Maryland's 15 federal judges are named as defendants, a highly unusual circumstance that reflects the Republican administration's aggressive response to courts that slow or stop its policies. At issue in the lawsuit is an order signed by Chief Maryland District Judge George L. Russell III that prevents the administration from immediately deporting any immigrants seeking review of their detention in a Maryland federal court. The order blocks their removal until 4 p.m. on the second business day after their habeas corpus petition is filed. The Justice Department, which filed the lawsuit in June, says the automatic pause impedes President Donald Trump's authority to enforce immigration laws. But attorneys for the judges argue the lawsuit was intended to limit the power of the judiciary to review certain immigration proceedings while the administration pursues a mass deportation agenda. 'The executive branch seeks to bring suit in the name of the United States against a co-equal branch of government,' attorney Paul Clement said during Wednesday's hearing. 'There really is no precursor for this suit' Clement listed several other avenues the administration could have taken to challenge the order, such as filing an appeal in an individual habeas case. Cullen also asked the government's attorneys whether they had considered that alternative, which he said could have been more expeditious than suing all the judges. He also questioned what would happen if the administration accelerated its current approach and sued a federal appellate bench, or even the Supreme Court. 'I think you probably picked up on the fact that I have some skepticism,' Cullen told Justice Department attorney Elizabeth Themins Hedges when she stood to present the Trump administration's case. Hedges denied that the case would 'open the floodgates' to similar lawsuits. She said the government is simply seeking relief from a legal roadblock preventing effective immigration enforcement. 'The United States is a plaintiff here because the United States is being harmed,' she said. Cullen, who was nominated to the federal bench by Trump in 2019, said he would issue a ruling by Labor Day on whether to dismiss the lawsuit. If allowed to proceed, he could also grant the government's request for a preliminary injunction that would block the Maryland federal bench from following the conditions of the chief judge's order. The automatic pause in deportation proceedings sought to maintain existing conditions and the potential jurisdiction of the court, ensure immigrant petitioners are able to participate in court proceedings and access attorneys and give the government 'fulsome opportunity to brief and present arguments in its defense,' according to the order. Russell also said the court had received an influx of habeas petitions after hours that 'resulted in hurried and frustrating hearings in that obtaining clear and concrete information about the location and status of the petitioners is elusive.' Habeas petitions allow people to challenge their detention by the government. The administration accused Maryland judges of prioritizing a regular schedule, saying in court documents that 'a sense of frustration and a desire for greater convenience do not give Defendants license to flout the law.' Among the judges named in the lawsuit is Paula Xinis, who found the administration illegally deported Kilmar Abrego Garcia to El Salvador in March — a case that quickly became a flashpoint in Trump's immigration crackdown. Abrego Garcia was held in a notorious Salvadoran megaprison, where he claims to have been beaten and tortured. The administration later brought Abrego Garcia back to the U.S. and charged him with human smuggling in Tennessee. His attorneys characterized the charge as an attempt to justify his erroneous deportation. Xinis recently prohibited the administration from taking Abrego Garcia into immediate immigration custody if he's released from jail pending trial.
Forbes
25-07-2025
- Politics
- Forbes
Trump Attorney Alina Habba Stays On As U.S. Attorney Despite Judges Replacing Her—Here's How
The Justice Department confirmed Friday that former Trump defense attorney Alina Habba will keep serving as U.S. Attorney in New Jersey, seemingly using a little-known legal maneuver to keep her in the role after federal judges voted to replace the staunch Trump ally earlier this week—though there still could be a conflict over her authority. Alina Habba speaks to reporters outside Manhattan Criminal Courthouse on May 30, 2024 in New York ... More City. (Photo by James Devaney/GC Images) GC Images Habba has been designated as the Acting U.S. Attorney in New Jersey, the agency confirmed to Forbes in an email, after she previously served as the interim U.S. Attorney in the state. Habba's term as the interim U.S. attorney expired this week, and since the Senate never voted to confirm her, it was up to federal judges in the state to vote to extend her term—which they declined to do, instead appointing her deputy Desiree Leigh Grace to fill the role on Tuesday. The Trump administration then fired Grace from the DOJ hours later, leaving it up in the air as to what would happen once Habba's term formally expired on Friday. Habba suggested Thursday she would remain in the role—tweeting, 'I am now the Acting United States Attorney for the District of New Jersey'—which the DOJ confirmed Friday. While the DOJ hasn't responded to questions over how specifically Habba was appointed, an agency official cited by Politico suggested the government used a provision of federal law that allows the DOJ to appoint Habba into the number two role at the U.S. attorney's office, but then promote her to Acting U.S. Attorney because there's no one else filling that role. The Trump administration also formally withdrew Habba's nomination as the permanent U.S. attorney, which takes her out of consideration to be voted on by the Senate, but allows her to be appointed to the role in an acting capacity. The federal law that the DOJ likely used to re-install Habba as U.S. Attorney allows her to serve for 210 days, and it remains unclear what could happen after that point, since she's unlikely to be confirmed by the Senate. How Was Alina Habba Allowed To Keep Serving As U.s. Attorney? Habba was previously only allowed to serve for 120 days as U.S. attorney, and when her term expired without the Senate confirming her or judges voting to keep her in place, she was ineligible to simply be appointed to the role again without getting Senate confirmation. As a result, the Trump administration likely used the Federal Vacancies Reform Act in order to keep Habba in her role, legal experts speculate. That federal law has a provision saying that if there's a vacancy in a role that requires Senate confirmation, like U.S. attorneys, 'the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity.' While the DOJ has not confirmed this was the case, it's expected the DOJ named Habba to be the first assistant at the U.S. attorney's office and then promoted her to the U.S. Attorney role under the FVRA, since the top role was vacant. That's what the Trump administration previously did in the Northern District of New York after judges there declined to extend U.S. Attorney John Sarcone III's term. Georgetown University law professor Steven Vladeck noted prior to Habba's re-appointment that such maneuvering would likely be legal, writing, 'It's a stretch, but one that I do believe the law allows.' Grace is an experienced prosecutor whom New Jersey judges formally appointed to replace Habba as U.S. attorney. While the DOJ's decision Tuesday to fire her meant she had to immediately step down as Habba's first assistant and leave the DOJ entirely, there had been some ambiguity about whether she still had legal grounds to become the U.S. attorney when Habba's term expired on Friday. Even though Grace was fired from the DOJ, federal judges are allowed to appoint someone from outside the agency to serve as U.S. attorney, Politico noted, suggesting the prosecutor could potentially rejoin the agency to serve in the role. Grace—whom The New York Times notes is a registered Republican—suggested in a social media post she was considering doing just that, writing, 'It will forever be the greatest honor that [the judges] selected me on merit, and I'm prepared to follow that order and begin to serve in accordance with the law,' as quoted by the New Jersey Globe. That was before Habba was named as the Acting U.S. Attorney, however, and it remains unclear if Grace will now step aside in response to that, or if she could try to still lay claim to the role through a potential legal battle. Even if Grace were allowed to become U.S. Attorney, her tenure would likely be short-lived, however, as President Donald Trump could simply fire her and promote Habba again. Key Background Habba's appointment as U.S. attorney came after the lawyer had become known as one of Trump's most ardent defenders, serving as one of the president's personal defense attorneys from 2021 through his inauguration. She represented Trump in such high-profile cases as the civil fraud trial against him and his company and writer E. Jean Carroll's defamation case against him, though she did not work on his criminal cases and had no prosecutorial experience prior to being named U.S. attorney. Habba also became a frequent Trump advocate through television appearances and on social media, and appeared at such events as the Republican National Convention and CPAC. She was named as U.S. attorney in March after initially serving as an advisor to Trump, and is one of several former Trump defense attorneys that garnered high-ranking roles in his second administration, along with Deputy Attorney General Todd Blanche, Solicitor General Dean John Sauer and Principal Associate Deputy Attorney General Emil Bove, whom Trump is also trying to appoint as a federal judge. Further Reading Forbes The Alina Habba Saga Explained: How Trump May Get Her Back In Power—But Not As U.S. Attorney By Alison Durkee Forbes DOJ Fires Alina Habba's Replacement As U.S. Attorney Hours After Ouster By Alison Durkee
Yahoo
25-07-2025
- Politics
- Yahoo
Habba set to remain as top prosecutor in New Jersey after White House maneuver
President Donald Trump's attempt to ensure his pick remains in charge of the U.S. Attorney's Office in New Jersey has taken a new twist. On Thursday, one day before Alina Habba's tenure as the Interim United States Attorney for the District of New Jersey was set to expire, the White House withdrew her nomination for the post. MORE: DOJ fires US attorney for New Jersey after state picks her over former Trump lawyer Alina Habba Habba then announced on social media that she is now the Acting United States Attorney, seemingly restarting the clock on what is usually a 120-day temporary term. Trump first appointed Habba as the state's interim U.S. attorney in March. "I don't cower to pressure. I don't answer to politics. This is a fight for justice. And I'm all in," Habba wrote on social media. The unorthodox legal maneuver appears to end a stalemate that began when federal judges in New Jersey selected Desiree Leigh Grace, an experienced federal prosecutor, over Habba, the president's former personal attorney and choice to lead the office. The Department of Justice quickly stated that it fired Grace, leaving unclear who would take over the office. In a social media post, Grace stated that she would still be willing to lead the office "in accordance with the law." "The District Judges for the District of New Jersey selected me to serve as the United States Attorney for the District of New Jersey. It will forever be the greatest honor that they selected me on merit, and I'm prepared to follow that Order and begin to serve in accordance with the law," she wrote. The Trump administration's move to pull Habba's nomination and then install her in an acting capacity appears to take advantage of a section of the Federal Vacancies Reform Act, which allows an acting officer to serve in a position for no more than 210 days if no one is nominated to the position.
