Habba knocks Grassley after judge rules she lacks legal authority

Alina Habba, the acting U.S. Attorney for New Jersey, knocked Sen. Chuck Grassley (R-Iowa) on Thursday, after a federal judge ruled she lacks the authority to serve as the Garden State’s top federal prosecutor. 

“No. 1, I was the nominee to become the U.S. attorney. And [Democratic New Jersey Sens.] Cory Booker and Andy Kim — who I have never, to this day, spoken to in my life, despite my attempts to meet them — have truly, truly done us a disservice," Habba said during an appearance on Fox News's "Hannity."

"And frankly, same with Sen. Grassley by holding up a traditional blue slip, not a law, and not allowing a lot of the president's picks to go through and be voted on by Senate," she told host Sean Hannity. "I didn't even get to that point."

Habba continued, "Then, fast-forward. It goes to the judges; 17 federal judges in the state of New Jersey, 15 of which are Obama and Biden-appointed, that just, like, frankly — [as] we saw with [New York Attorney General Letitia] James — try to use their seat for political motivation."

U.S. District Judge Matthew Brann ruled Thursday evening that Habba was made the state’s federal prosecutor through a “novel series of legal and personnel moves.” 

“Faced with the question of whether Ms. Habba is lawfully performing the functions and duties of the office of the United States Attorney for the District of New Jersey, I conclude that she is not,” Brann said in his ruling.

The question came up during a case of two New Jersey defendants facing federal drug trafficking charges, with their lawyer saying Habba did not have jurisdiction to prosecute them as her 120-day period as interim U.S. attorney expired in July. 

Attorney General Pam Bondi said Thursday evening on social media that the Justice Department will appeal Brann’s ruling, praising Habba, a former personal attorney for Trump, for doing “incredible work in New Jersey — and we will protect her position from activist judicial attacks.” 

In late July, Trump pressed Grassley to do away with the Senate Judiciary Committee’s “blue slip” tradition of permitting home-state upper chamber lawmakers to vote on U.S. attorneys’ and district court nominees, arguing Democrats have used the provision to block “Great Republican candidates.” 

In response, the Iowa Republican said he was “offended” and “disappointed” by Trump’s Truth Social posts regarding the Senate tradition. 

Habba called the judge's latest decision "disturbing" but vowed to keep working.

“I am the pick of the president, I am the pick of Pam Bondi, our attorney general, and I will serve this country like I have for the last several years, in any capacity,” Habba said Thursday night.

“You might try and change my title, you might try and fight me, but just like today with New York, we will win," she added, referring to Trump's $500 million civil fraud penalty in his New York case that was dismissed by an appeals court Thursday.