Controversial Expulsion of US Lawyer in New Jersey
During his podcast on Tuesday, well-known attorney Alan Dershowitz discussed the recent expulsion of interim US attorney Alina Haba by a district judge in New Jersey, labeling the move as significant. The committee, primarily composed of judges appointed by Presidents Barack Obama and Joe Biden, made the decision to remove Haba on Monday, prompted by a request from Democrat Hakeem Jeffries of New York, who is part of the House minority leadership. Dershowitz pointed out that Haba’s position would be filled by someone chosen by the judges rather than being a direct presidential appointment.
Dershowitz highlighted that Alina Haba was appointed by President Trump and emphasized that it’s typical for presidents to choose individuals from their circle. He referenced historical precedents, noting that Ronald Reagan appointed his personal lawyer as U.S. Attorney General and John Kennedy chose his brother for a similar role. “It’s common practice,” he said.
He explained the situation further, stating, “Alina Haba was tentatively appointed as [U.S. Attorney], but the judge opted not to renew that appointment, instead appointing someone who wasn’t selected by the president.” Dershowitz argued that the framers of the Constitution intended for judges to have limited roles, centered around cases and controversies, and even mentioned that Justice Ruth Bader Ginsburg spoke against judges acting outside their constitutional boundaries.
Almost immediately following Haba’s removal, Attorney General Pam Bondi took steps to eliminate the selection of Digily Lee Grace as the new appointee. While Dershowitz acknowledged that a law allows judges to appoint U.S. attorneys in specific cases, he expressed his belief that such a law is unconstitutional. He asserted, “You can’t grant judges more authority than what the Constitution allows.” He speculated that if the Trump administration chooses to challenge this removal, it might have a strong chance of success.
In a related incident, New Jersey Democrat Ramonica McQuiver faced allegations of attacking ICE agents after an altercation at an ICE facility in Newark, which contributed to Haba’s dismissal from her role.
Dershowitz concluded that the actions taken regarding Haba’s appointment exceeded judicial authority as defined by the Constitution.
