Pissed-Off Judge Goes After Alina Habba

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2:10Karashi in New Jersey and a scathing hearing that we just got our hands on the transcript lashed into at least two different US attorneys in front of him accused Alina Haba who was fired and had to resign because she was illegally appointed accused Alina Haba and therefore Donald Trump of continuing to run the New Jersey office, even though she is no longer the US attorney and cannot be that judge Karashi annoyed that a ruling by his colleague, Judge Bran on March 8th, finding that Donald Trump could not and was trying to illegally operate the US attorney's office by having a three US attorney, a three headed US attorney do it, three assistant US attorneys trying to fill the role that that was illegal judge Karashi and all came crashing down in a hearing in front of Judge Karashi about another criminal case in which the judge pointed out that the the US attorney's office it screwed up again

3:12related to sentencing of this individual defendant. He wanted to get to the bottom of why these screw ups were happening and who was running the office and now he said a date, circle it on your calendar may 4th for three assistant US attorneys who are running that office and Alina Haba to come in and testify because he's had it judge Karashi the first Muslim federal judge ever appointed he was appointed by Joe Biden and he used to be a prosecutor in that office and he used to be at an attorney for Homeland Security and he's had it with the corruption of the Department of Justice that he's watching a Michael Popak you're on legal a F on the mightest touch network as well hit the free subscribe button as we continue to grow this pro democracy channel we're going to get to 1.1 million but only with your help. Let's go back to Judge Karashi. I've talked about this judge before just a couple of weeks ago he said that the abuse of the federal courts and the defiance by the Trump administration especially in immigration cases ends now he said he had them first catalog the

4:1950 or 60 different cases in which the Trump administration in one month alone had violated court orders this is the saying so I want I want to tee up where judge Karashi is coming from so we have that on March 8th judge brand who who usually sits as the chief judge in the eastern district of Pennsylvania but was assigned to be on assignment uh by designation in New Jersey to handle the issue of what to make of not only the Alina Haba appointment as US attorney well that was legal or illegal and he ruled that illegal and unconstitutional but what would happen after after it became clear that Donald Trump was violating the court's order trying to avoid appointing a permanent US attorney firing the US attorney that was selected properly by the district court judges and trying to wing it with this triumvirate of three different assistant US attorneys and negative shout out and shade to those three assistant US attorneys for violating their oath of office

5:24violating their obligation as officers of the court to uphold the constitution and participate in this unholy illegal arrangement and I'm talking about Phil laparello uh Jordan Fox and RE uh phanichina these three people should not be running the office because they know it violates the the vacancy reform act but they are so how did it come up with judge Karashi in his courtroom well they were there on a sentencing hearing and the judge gave the US attorney's office and out he said while judge brands order determining that the three of the three people running that office are also illegally running that office and I'm going to read to you from that order in a minute maybe you want to postpone the sentencing because what judge brands said in his order is that he's this close to dismissing indictments and opening up the jails at overturning convictions

6:24for the illegal use of these three US attorneys and why did they want to flirt with that disaster so judge Karashi in his own way said let everybody know in my old office the US attorney's office for New Jersey that you're not going to be able just to waltz in here and get a free pass and why aren't you complying with judge brands order that just came out yesterday and why are there scrubs who's running the office then that's a question that never gets asked but judge Karashi said we do not trust the department of justice in this courtroom how can we he's this is the quote from the hearing you have lost the confidence in the trust of this court you have lost the confidence in the trust of the New Jersey legal community and you're losing the trust and confidence of the public so I don't trust you so here's what happened this guy mr. Rosenblum who's the young prosecutor related to a criminal case the judge says don't you want to postpone the sentencing you got some

7:24problems with your sentencing memo and recommendations and you got some problems with the leadership in that office and now Rosenblum goes forward with the hearing all right come on in but when he shows up he's got the head of the appellate the appellate unit the appeals unit Mark coin joining him you know they sent like a more like I've gone down as a more senior lawyer to sort of babysit moral support second chair if you will the other lawyer judge takes a look so he's mr. coin there and he says did you enter an appearance in this case he says no he says well then you're not going to speak in my courtroom now that's normal I've been in federal court before where lawyers and I've had it happen to me where I've come in late to a case or I wasn't sure I was going to be there for this particular aspect of the case and I'm not able to speak judges mr. Rosenblum will be speaking you can pass him notes and he says the Rosenblum you got mistakes in your sentencing memo you're making a recommendation of behalf of the government for less time than the sentencing guidelines require for this particular crime how did that happen who screwed it up uh where you know is it

8:31you is it the FBI is it the department is it the leadership who now that conversation about who quickly led Karashi on the yields of judge brands ruling about the unholy triumphant to ask who's running the office and that's a mr. coin tried to intervene I don't blame him I'm a senior lawyer I've tried to intervene to save more junior lawyers before but not this time talk about from the frying from the frying pan into the fire mr. a federal judge Karashi stopped him as a mr. coin I told you before you're not to speak and you're speaking oh but judge you literally you're not to speak and then he goes back to Rosenblum is Alina Haba running that office now where did that come Lena Haba resigned however she was appointed as a special attorney working for Pam Bondi the attorney general helping to supervise all us attorneys and she's been seen in that

9:32New Jersey office so you know listen uh New Jersey is a small state but it's got a big mouth and big ears it knows what's going on judge says has she been running the office and he said the lawyer said not that I'm aware of and so the judge left on that so it might be happening but you're not aware of it what about the three people that run the office is mr. laparello aware of it is mr. fox aware of it is mr. fontic chino aware of it and that's when coin tried to bail him out and say Alina Haba is not running the office he says I didn't ask you and also you're not allowed to speak in my courtroom so I'm going to have you removed you can do it voluntarily or I'm going to have the Marshall remove you so he tossed mr. coin from the room leaving poor mr. Rosenblum I don't have that much sympathy for him to to fend his way with the judge now the judge said here's what I'm going to do I'm going to get to the bottom who's running that office so I want in this in this court

10:35room for testimony he said originally in April he moved it to May 4th Haba laparello fox and fonticino and you guys collectively are going to tell me who's running the office under oath and to see who's in violation of judge brands order see judge brands order is not just about one particular case judge brands order is about the entirety of the district and this is this judge has decided maybe because he used to work in that office and he's got you know strong feelings about proper decorum and ethics coming out of his own office I'd be the same way if I worked in a certain office or a law firm and somebody who's in front of me and there was their trampling on the on the credibility of that particular institution that I used to be associated with I would feel that way for sure now the US attorney's office asked for a delay because I guess they're trying to appeal judge brands decision let me short circuit this I think that's why you've come to legal AF

11:36they are not going to win on to overturn judge brands decision because just as Alina Haba running the office was illegal under the vacancy reform act not having any US attorney and having the the job divided between these three people is equally illegal. Here's what judge brands said on March the night this is what Judge Karashi was responding to this is from the very beginning first line of his order after throwing off the fetters of despotism this nation's founding fathers were left with the task of instituting new government laying its foundation on such principles and organizing its powers in such form as to them shall see most likely to affect their safety and happiness familiar with the dangers that attend the concentration of authority the framers recognize that in the long term structural protections against abuse of power were critical to preserving liberty that's the first sentence in his order they erected such protections the

12:36form of separation of powers a system of division that is inherent and explicit in the structure and provisions of the constitution the principles of separation of powers in the appointments clause is embedded in the appointments clause which divides the power to appoint officers of the united states between the president and the senate all right one year into this administration page three it is playing the president trump and his top aides have chafe that the limits on their power set forth by the law and constitution to avoid these roadblocks they frequently purport to have discovered enormous grants of executive power hidden in the vagaries and silences of the code here the government proffers that notwithstanding congress is clear and unambiguous requirement of presidential nomination and senate confirmation before a person can exercise the power of the u.s attorney a limit established by the first congress 236 years ago congress has through a tangled web

13:37abroad enactments in general language allowed the attorney general to ignore these requirements that is what this suit is about judge branch said power the allocation of power among congress the president and the courts in such fashion as to preserve the equilibrium the constitution sought to establish i conclude that the current leadership structure for the office of the united states attorney for the district of new jersey exceeds the attorney general statutory authority to appoint inferior offices are officers and delegate them powers and therefore is a utilateral appointment in violation of the appointments clause period and he he warned that if they don't fix it and they haven't he's he's thinking about throwing out indictments and opening up the federal detention center doors and letting out people because they were improperly indicted by non effectively strangers non u.s attorneys we're going to continue to follow what happens with

14:40judge kharashi and whether elina haba takes the stand um and yet another example of federal judges creatively shoving back against the trump administration finding powers within their inherent inherent basket of powers to try to take on the rogue lawless defiant defiant trump administration and department of justice will continue to follow it hit the free subscribe button until my next report i'm michael popok can't get your fill of legal a f mean either that's why we form the legal a f sub stack every time we mention something in a hot take whether it's a court filing or a oral argument come over to the sub stack you'll find the court filing and the oral argument there including a daily roundup that i do call wait for it morning a f what else all the other contributors from legal a offer there as well we got some new reporting we got interviews we got ad free versions of the podcast and hot takes where legal a f on sub stack come over now to free subscribe