A New York judge disqualified a Trump administration federal prosecutor, John Sarcone, from overseeing investigations into New York Attorney General Letitia James, ruling he was not lawfully serving as acting U.S. attorney. The judge determined the Department of Justice did not follow the proper statutory procedure after judges declined to extend Sarcone’s tenure. This decision blocks subpoenas requested by Sarcone, who was challenged by James after issuing subpoenas related to her lawsuits against Donald Trump and the National Rifle Association. The ruling is part of a series of judicial actions across the country questioning the legality of Trump administration maneuvers to install top federal prosecutors without Senate confirmation.
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Federal Judge David Novak has ordered Lindsey Halligan to justify her continued use of the title “U.S. Attorney for the Eastern District of Virginia” despite a previous ruling deeming her appointment unlawful. Novak’s order, issued sua sponte, demands Halligan explain why her identification as U.S. Attorney should not be struck from an indictment and whether it constitutes a false statement. This follows a November ruling by Judge Cameron McGowan Currie that her appointment violated the Constitution, leading to the dismissal of prior cases. Novak emphasized the November ruling is binding precedent and could lead to disciplinary action.
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A federal judge has ruled that Alina Habba was unlawfully serving as the acting U.S. Attorney for the District of New Jersey, creating legal uncertainty in the state. The judge, citing a challenge to Habba’s position, determined she lacked the legal authority to hold the office since July 1st, potentially voiding her actions since then and disqualifying her from ongoing cases. This ruling comes after the Trump administration employed unusual measures to retain Habba, following a decision to name Desiree Grace to the position. The court has paused the decision to allow for a U.S. appeal.
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On Saturday, the Senate confirmed Jeanine Pirro, a former Fox News personality and Trump loyalist, as U.S. Attorney for the District of Columbia by a vote of 50-45. Pirro had been serving in the role on an acting basis since May after previously co-hosting “The Five” on Fox News. The confirmation followed the approval of Emil Bove, a former Trump defense lawyer, to a U.S. appeals court. President Trump praised Republican senators for their efforts to approve his nominees, blaming Democrats for delays.
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Interim U.S. Attorney for the District of New Jersey, Alina Habba, has been replaced by a deputy, Desiree Leigh Grace, following the expiration of her 120-day term, as per an order signed by the Chief Judge. This transition has been met with criticism from Deputy Attorney General Todd Blanche, who claims Habba’s term isn’t over yet and that the replacement is politically motivated. Habba, who previously represented Donald Trump, faced scrutiny for her actions in office, including her decision to charge Rep. LaMonica McIver. While Trump nominated Habba to the position permanently, her nomination has yet to move forward in the Senate.
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Former U.S. Attorney for the Eastern District of Virginia, Jessica Aber, 43, was found deceased Saturday morning in Alexandria, Virginia. The cause of death is currently under investigation. Aber, a highly regarded prosecutor and leader, served in various roles within the EDVA and the Department of Justice before her confirmation as U.S. Attorney in 2021. Colleagues remembered her as an exceptional mentor and a dedicated public servant whose impact will be profoundly missed.
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John Q. Hosedrinker