Alina Habba is an unabashed supporter of President Donald Trump, and the president gave the New Jersey native a 120-day recess appointment as acting U.S. Attorney for New Jersey. However, that time has expired, and the Republican controlled Senate has refused to move forward with her confirmation.
As Fox News reports, this is part of the blue slip tradition of the Senate, where senators can withhold presidential nominees from their state for any reason they deem appropriate. Trump argued that this tradition only aids Democrats in preventing the consideration of what he calls “great Republican candidates.”
A federal judge has ruled that continuing in the position is unlawful.
While Judge Matthew Brann issued this disqualification, he also stayed the enforcement of his ruling pending appeal, allowing Habba to remain in the role temporarily.
Habba's status was earlier challenged by criminal defendants in New Jersey, raising doubts about the legitimacy of prosecutions under her tenure.
Jenna Ellis hosts Jenna Ellis in the Morning on American Family Radio. She has been told that there simply aren't enough Republicans confident that Habba could do the job.
"They didn't want to vote her down because she was Trump's pick, but they did not think that she had the legal chops or was a credible enough nominee to actually want to vote for her,” Ellis explains. “It was almost similar to a pocket veto, where they didn't want to vote her down but they didn't want to be in the position to have to confirm her either. So, they just let her nomination expire."
Habba even commented that she had the right to go before the Senate, and the Senators had the right to vote against her, but she never got the chance.
Ellis thinks that there is a practical solution to this.
"I think that ultimately the president may just find a different position for her that doesn't require Senate confirmation. That would be the best solution and probably the one that would be the most expedient," says Ellis.
