Alina Habba

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superrific

Legend of ZZL
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Insane power struggle taking place in the 3rd circuit. Alina Habba has not been confirmed by the Senate. Her 120 day temporary appointment is up. 17 judges unanimously voted to replace her with someone else -- in this case, her deputy. That is allowed by statute. Then Bondi fired the replacement, hoping that will force the court to accept Habba.

How do people see this playing out? I see Habba going down in the end, because if she's heading the office without any authority, I think she will not be able to obtain convictions. Everyone will file ultra vires challenges or other motions in federal court that I don't know the names of because we almost never had to use them before now.

Hilarious to see Bondi calling out "rogue judges." when 17 judges unanimously agree, they aren't rogue. You're the rogue, Pam.
 
GeeWhy said:
Didn't they already figure out the workaround? Appoint her as her own assistant.
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Who, Habba? There is a judicial order naming Grace (first or last name, don't remember) as the USA.

And appointing her as her own assistant ain't gonna work. I'd challenge that in a heartbeat as a defense lawyer. I think I'd get a sympathetic audience in front of any judge in the circuit. Cases are going to be dismissed with prejudice. No?
 
superrific said:
Insane power struggle taking place in the 3rd circuit. Alina Habba has not been confirmed by the Senate. Her 120 day temporary appointment is up. 17 judges unanimously voted to replace her with someone else -- in this case, her deputy. That is allowed by statute. Then Bondi fired the replacement, hoping that will force the court to accept Habba.

How do people see this playing out? I see Habba going down in the end, because if she's heading the office without any authority, I think she will not be able to obtain convictions. Everyone will file ultra vires challenges or other motions in federal court that I don't know the names of because we almost never had to use them before now.

Hilarious to see Bondi calling out "rogue judges." when 17 judges unanimously agree, they aren't rogue. You're the rogue, Pam.
Click to expand...
The first thought I had when I read this earlier was the GOP controls Congress - just appoint her and be done with it. The second thought I had was that the repeated, deliberate, brazen affronts to congress’s constitutional authority appear to be intentionally designed to force the hand of the judiciary. To what end, I’m not certain. Further undermine public trust in bedrock institutions? Create a series of challenges that lead to SCOTUS blessing Trump’s anarchy on the shadow docket? Suss out judges that need to be “dealt” with? Own the libs?
 
BlooVooDoo said:
The first thought I had when I read this earlier was the GOP controls Congress - just appoint her and be done with it. The second thought I had was that the repeated, deliberate, brazen affronts to congress’s constitutional authority appear to be intentionally designed to force the hand of the judiciary. To what end, I’m not certain. Further undermine public trust in bedrock institutions? Create a series of challenges that lead to SCOTUS blessing Trump’s anarchy on the shadow docket? Suss out judges that need to be “dealt” with? Own the libs?
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I think it's more that a bunch of Pub senators don't want to have to vote for her.
 
superrific said:
Who, Habba? There is a judicial order naming Grace (first or last name, don't remember) as the USA.

And appointing her as her own assistant ain't gonna work. I'd challenge that in a heartbeat as a defense lawyer. I think I'd get a sympathetic audience in front of any judge in the circuit. Cases are going to be dismissed with prejudice. No?
Click to expand...
www.nytimes.com

Spurned U.S. Attorney Clings to Job by Being Appointed His Own Assistant

District judges recently denied John Sarcone, who was interim U.S. attorney, the permanent position. The Justice Department then gave him a special appointment so he could continue in the role.
www.nytimes.com www.nytimes.com
 
superrific said:
Who, Habba? There is a judicial order naming Grace (first or last name, don't remember) as the USA.

And appointing her as her own assistant ain't gonna work. I'd challenge that in a heartbeat as a defense lawyer. I think I'd get a sympathetic audience in front of any judge in the circuit. Cases are going to be dismissed with prejudice. No?
Click to expand...
They did just that (appt a rejected temp USA as his own assistant) in a district in NY, I believe I read, but the court there had designated the position as the replacement because the assistant position was vacant I think. Will have to run down a link later.
 
“… Last week, federal judges in the Northern District of New York declined to appoint John Sarcone, the Northern District’s interim top prosecutor. In an unusual workaround, the attorney general appointed Sarcone as a “special attorney to the attorney general” and as first assistant U.S. attorney, an office spokesman said. Under the law, that allowed him to bypass the judges and assume the role of acting U.S. attorney automatically because the post remained vacant….”

 
GeeWhy said:
I would super-ignore myself, but I'm afraid I would dissolve into nothingness.
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You saying this reminds me of the following scene from Sealab 2021. It's extraordinarily obscure and probably won't land, but so be it. Submitted for your consideration :)

 
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