The 3rd US Circuit Court of Appeals ruled that Alina Habba, former personal attorney to President Trump, unlawfully served as US attorney for New Jersey, potentially impacting similar appointments. The court determined the Trump administration circumvented the Senate confirmation process, rendering Habba’s appointment illegal. This decision could have repercussions in other jurisdictions without Senate-confirmed US attorneys, and it builds upon a district court decision that threw out indictments in Virginia. The Justice Department could appeal the ruling, while criminal cases in the affected districts continue with some trials or sentencings being postponed.
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A federal judge ruled to dismiss the criminal charges against James Comey and Letitia James, determining that the interim U.S. attorney who secured their indictments, Lindsey Halligan, was unlawfully appointed. The judge found Halligan’s appointment violated federal law and the Constitution’s Appointments Clause, concluding her service as interim U.S. attorney was invalid since September 22nd. Comey and James’ attorneys had argued Halligan’s appointment was flawed, which the judge agreed with. The Justice Department is expected to appeal the decisions.
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A federal judge issued a preliminary injunction halting the Department of Government Efficiency’s (DOGE) dismantling of the U.S. Agency for International Development (USAID), finding that Elon Musk’s actions likely violated the Constitution’s Appointments Clause. The ruling requires the restoration of employee access to USAID systems, effectively blocking further agency cuts, though it may not fully reinstate the agency or all dismissed employees. The judge determined that Musk’s control over DOGE and his actions, including statements about eliminating USAID, constitute unconstitutional overreach of power. This decision marks a significant legal victory against DOGE’s actions, which the Trump administration defended as necessary to root out waste, fraud, and abuse.
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A U.S. District Judge in Washington, D.C., made the unusual decision to schedule a hearing on a federal holiday, Presidents Day, to address a case involving Elon Musk’s controversial Department of Government Efficiency (DOGE) team. The hearing, set for Monday, followed Friday’s arguments from thirteen Democratic state attorneys general who sought a temporary restraining order against DOGE.
This unusual scheduling underscores the urgency surrounding the case. The attorneys general are attempting to halt DOGE’s access to sensitive information systems across numerous federal agencies, including the Departments of Labor, Education, Health and Human Services, Energy, Transportation, and Commerce, as well as the Office of Personnel Management.… Continue reading
Fourteen states have filed a lawsuit against Elon Musk, the Department of Government Efficiency (DOGE), and President Trump, arguing that Musk’s position within DOGE violates the Constitution’s Appointments Clause. The suit mirrors the successful challenge to Jack Smith’s authority in the Mar-a-Lago documents case, utilizing Justice Thomas’s concurrence in that case to support their claim that Musk is an unappointed principal officer. The plaintiffs contend that the executive branch lacks the power to unilaterally create DOGE and that Musk’s actions are therefore unconstitutional. They seek a temporary restraining order, preliminary injunction, and declaratory relief to halt DOGE’s operations and nullify Musk’s actions.
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Fourteen states filed a lawsuit against Elon Musk and President Trump, alleging the White House unconstitutionally granted Musk extensive power through the Department of Government Efficiency (DOGE). The suit argues that Trump violated the Appointments Clause by creating DOGE and giving Musk unchecked authority without congressional approval or Senate confirmation. The states seek to prevent Musk from making changes to government funding, contracts, and personnel decisions. The White House has dismissed the lawsuit as politically motivated, while multiple other legal challenges against DOGE are already underway.
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