INTERNACIONAL
Federal judge rules Trump appointee Alina Habba is unlawfully serving as US attorney
Alina Habba battles New Jersey judges, vows to fight back
Former federal prosecutor Jim Trusty discusses Tulsi Gabbard’s referral of Russia probe evidence to the Department of Justice and Alina Habba’s ongoing efforts to stay on as Acting U.S. Attorney for New Jersey after her interim term expired.
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A judge on Thursday found that Alina Habba was unlawfully serving in the role of acting U.S. attorney of New Jersey after President Donald Trump sidestepped typical processes to keep her in charge.
Judge Matthew Brann said Habba has not been the rightful temporary U.S. attorney for New Jersey since July 1, a ruling that follows two criminal defendants in New Jersey challenging her appointment in court, alleging it was unconstitutional.
«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 wrote in a 77-page order.
JUDGE TO DECIDE ALINA HABBA’S FATE AS US ATTORNEY IN NEW JERSEY
Alina Habba, newly appointed interim US attorney for New Jersey, speaks to members of the media outside the West Wing of the White House in Washington, DC, US, on Monday, March 24, 2025. (Samuel Corum/Sipa/Bloomberg via Getty Images)
Habba, Trump’s former personal defense lawyer, had been serving as interim U.S. attorney, but when her term expired last month, Trump and Attorney General Pam Bondi used loopholes in federal vacancy laws to install her as «acting» rather than «interim» U.S. attorney.
One of the defendants in the district, Julien Giraud, alleged that the moves violated his constitutional rights because of the string of unconventional actions it took to attempt to keep Habba in the role.
TRUMP STANDS BY ALINA HABBA AS DOJ CLASHES WITH JUDGES OVER HER REPLACEMENT
President Donald Trump listens as White House Presidential Counselor Alina Habba delivers remarks before being sworn in as the interim U.S. Attorney for New Jersey in the Oval Office at the White House on March 28, 2025 in Washington, DC. (Andrew Harnik/Getty Images)
Brann, an Obama appointee serving in the Middle District of Pennsylvania, agreed and found Habba could not prosecute Giraud or another defendant who challenged Habba’s position. The judges said the criminal cases could proceed in the court district, just not under Habba’s purview.
Brann is presiding over the matter after the chief judge of the Third Circuit Court of Appeals, which covers New Jersey and Pennsylvania, decided the case presented too much of a conflict for New Jersey’s federal judges.
Last month, the New Jersey judges made the rare decision to decline to extend Habba’s term and instead appointed career attorney Desiree Grace to the job. Trump and Bondi fired Grace, withdrew Habba’s nomination as permanent U.S. attorney and then reinstated Habba as acting U.S. attorney, which they said kept Habba in charge for at least another 210 days under federal statute.
TRUMP APPOINTS HABBA AS ‘ACTING’ ATTORNEY AFTER JUDGES OUSTED HER
Attorney General Pam Bondi testifies before the House Committee on Appropriations at the U.S. Capitol on June 23, 2025 in Washington, DC. (Kayla Bartkowski/Getty Images)
Brann said his ruling effectively disqualified Habba from prosecuting the two defendants’ cases and that her signatures on court filings were invalid, opening the floodgates for other defendants in New Jersey to object to Habba prosecuting them as well.
The judge said his ruling would not take effect until the Trump administration had an opportunity to appeal.
Spokespeople for Habba and the DOJ did not respond to a request for comment.
Brann’s ruling comes against the backdrop of Trump and Bondi using similar maneuvers to keep the president’s preferred appointees as head prosecutors of court districts in blue states, including in California and New York, where the appointees are struggling to find paths to Senate confirmation.
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Brann said the Trump administration improperly flouted the Federal Vacancies Reform Act by exploiting its loopholes in Habba’s case.
«A statutory interpretation that opens a gaping loophole in this tightly crafted scheme meant to provide only limited flexibility and prevent ‘manipulation’ flies in the face of the goal that Congress was trying to accomplish,» Brann wrote. «Although clearer text could require such a result, the Government’s arguments reaching such a conclusion through vague implication must fail.»
alina habba,justice department,donald trump,pam bondi,politics,new jersey
INTERNACIONAL
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INTERNACIONAL
Top Trump agency torches Dem lawmakers rallying around detained Abrego Garcia: ‘It is insane’
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EXCLUSIVE: The Department of Homeland Security is unleashing on Democrats who have condemned the move by ICE to detain Kilmar Abrego Garcia and deport him to Uganda.
Abrego Garcia is a Salvadoran national who was arrested by ICE on Monday at his check-in at the agency’s office in Baltimore, Maryland, and he’s expected to be deported to a third-party country, likely Uganda.
«Kilmar Abrego Garcia is not and will never be a Maryland Man—he is a criminal illegal alien from El Salvador and public safety threat,» a senior DHS Official told Fox News Digital in an exclusive statement.
ICE ARRESTS ABREGO-GARCIA AT MARYLAND CHECK-IN, LAWYER SAYS
Kilmar Abrego Garcia and his wife, Jennifer, speak to supporters outside of an ICE Field Office in Baltimore, Maryland. (Breanne Deppisch/Fox News Digital) (Fox News Digital/Breanne Deppisch)
«It is insane that sanctuary politicians chose to glorify and stand with an MS-13 gang member over the safety of American citizens. President Trump and Secretary Noem are not going to allow this illegal alien, who is an MS-13 gang member, human trafficker, serial domestic abuser, and child predator, to terrorize American citizens any longer.»
Earlier this year, Abrego Garica was first deported to El Salvador for being a suspected gang member, which caused a nationwide controversy that sparked visits to the Central American country, including by Sen. Chris Van Hollen, D-Maryland. However, he ended up later facing charges in the U.S. for alleged human smuggling after a 2022 Tennessee traffic stop resurfaced.
Last week, Abrego Garcia made his way back to Maryland from Tennessee, and a U.S. Magistrate Judge ordered that if he was taken into ICE custody that he would need to have «access to his attorneys» in order to «prepare for trial in this case.» His brief freedom was slammed as the result of «publicity hungry Maryland judge» by DHS Secretary Kristi Noem.
ABREGO GARCIA TO APPEAR AT ICE OFFICE IN BALTIMORE AMID TALK OF UGANDA DEPORTATION
In this handout provided by Sen. Van Hollen’s Office, U.S. Sen. Chris Van Hollen (D-MD) meets with Kilmar Armando Abrego Garcia (L) at an undisclosed location on April 17, 2025 in San Salvador, El Salvador. (Sen. Van Hollen’s Office via Getty Images)
In a news release first shared with Fox News Digital, DHS is specifically taking aim at a handful of posts on X from Democratic lawmakers.
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«ICE is holding Kilmar Ábrego García and refusing to answer questions from his lawyers — while the Trump Admin continues to spread lies about his case. Instead of spewing unproven allegations on social media, they need to put up or shut up IN COURT. Mr. Ábrego García must be allowed to defend himself,» Sen. Chris Van Hollen, D-M.D., posted on Monday.
«The Trump admin wrongly sent Kilmar Abrego Garcia to a horrific El Salvadoran prison. Now, just days after he was reunited with his family, they’re trying to deny him his rights and deport him to Uganda. Kilmar—like everyone—deserves a fair hearing to defend himself,» Sen. Elizabeth Warren, D-Mass., posted.
JUDGE SETS STRICT CONDITIONS FOR ABREGO GARCIA’S RELEASE AS TRUMP OFFICIALS PURSUE CASE AGAINST HIM
Department of Homeland Security Secretary Kristi Noem blamed «activist» judges for the release of Kilmar Abrego-Garcia on Friday, August 22, 2025. (AP Photo/Mark Schiefelbein/AP Photo/George Walker IV, File)
«Let’s be clear: deporting Kilmar Abrego Garcia to Uganda makes no sense—it’s not his home country. Nothing about this process has been fair. ICE is targeting him with cruelty. This is the weaponization of government, not justice,» Rep. Jasmine Crockett, D-Texas, wrote.
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His detention in Maryland is likely to be scrutinized by U.S. District Judge Paula Xinis, who intensely questioned Trump officials for details over his removal and his current legal status.
Fox News Digital’s Breanne Deppisch contributed to this report.
immigration,homeland security,maryland,tennessee,kristi noem
INTERNACIONAL
Netanyahu announces investigation into ‘tragic mishap’ after reports of journalists killed in Gaza strike
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Israeli Prime Minister Benjamin Netanyahu announced that an investigation is underway after reports said Israel struck a hospital in the southern Gaza Strip, killing at least 20 people on Monday, according to reports.
Netanyahu said Israel regretted the deadly incident and reiterated that Israel does not intentionally target civilians in its war with Hamas. Reports said among the dead were five journalists who worked for outlets such as Reuters, The Associated Press, and Al Jazeera.
«Israel deeply regrets the tragic mishap that occurred today at the Nasser Hospital in Gaza,» Netanyahu’s office said in a statement.
«Israel values the work of journalists, medical staff and all civilians. The military authorities are conducting a thorough investigation. Our war is with Hamas terrorists. Our just goals are defeating Hamas and bringing our hostages home.»
The composite image shows structural damage to Nasser Hospital alongside Palestinians carrying the body of a journalist after the strikes; authorities said at least 20 people, including five journalists, were killed. (Reuters/Hatem Khaled)
NY TIMES’ ERRONEOUS COVER PHOTO OF GAZAN CHILD JOINS SERIES OF MEDIA BLUNDERS FRAMING STORIES AGAINST ISRAEL
Reports, citing medical officials, said two shells hit Nasser Hospital in Khan Younis in quick succession. Israeli media reported that Israeli troops had fired the artillery rounds at the hospital to target a Hamas surveillance camera on the roof.
Cameraman Hussam al-Masri, a Reuters contractor, was killed near a live broadcasting position on an upper floor just below the roof in the first strike, Palestinian health officials said.
Israel then struck the site again, killing additional journalists as well as rescue workers and medics who had rushed in to help, hospital officials and witnesses told Reuters.
IDF Spokesperson Brig. Gen. Effie Defrin echoed Netanyahu’s comments, stressing that the military makes every effort to mitigate civilian harm while ensuring troop safety.
«We are operating in an extremely complex reality. Hamas terrorists deliberately use civilian infrastructure, including hospitals, as shields,» Defrin said in a video posted to social media. «They have even operated from the Nasser Hospital itself. Hamas began this war, created impossible fighting conditions and is preventing its end by still holding 50 of our hostages.»
A man examines broadcast equipment damaged by Israeli strikes on Nasser Hospital in Khan Younis, Gaza, on Monday. Israeli Prime Minister Benjamin Netanyahu says Israel regrets incident at Nasser Hospital and will investigate the strikes (Reuters/Hatem Khaled)
NEWS AGENCY SAYS ITS GAZA JOURNALISTS SUFFERING HEALTH WOES AS UNION WARNS THEY WILL DIE WITHOUT INTERVENTION
Defrin said Israel will abide by international obligations and «investigate the deadly incident thoroughly and professionally.»
«Reporting from an active war zone carries immense risk, especially in a war with a terrorist organization such as Hamas, who cynically hides behind the civilian population,» he added.
The other journalists killed were identified as Mariam Abu Dagga, who freelanced for the Associated Press and other outlets; Mohammed Salama, who worked for Al Jazeera; Moaz Abu Taha, a freelancer who contributed to several news organizations, including Reuters; and Ahmed Abu Aziz.
Israeli Prime Minister Benjamin Netanyahu says Israel regrets incident at Nasser Hospital and will investigate the strikes. (Getty Images/Jim Watson)
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Photographer Hatem Khaled, also a Reuters contractor, was wounded.
Fox News’ Yael Kuriel, Reuters and the Associated Press contributed to this report.
benjamin netanyahu,conflicts,israel,middle east,terrorism
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