Believe it or not, President Trump is proving to be worse at lawfare than his Democratic opponents, whose ill-conceived charges against him helped get him elected. Trump spared little time targeting his political enemies after returning to office, but his revenge campaign is stalling as one after another of his handpicked prosecutors is disqualified from serving. These screwups show the futility of seeking vengeance through the justice system, along with the unintended consequences lawfare wreaks on the public.
The latest federal prosecutor to fall is Alina Habba of New Jersey, whose disqualification was upheld Monday by the Third Circuit Court of Appeals. A trio of judges, including two Republican appointees, ruled unanimously that the Justice Department had illegally extended Habba’s term by keeping her on the job after her 120-day appointment expired and the Senate declined to confirm her. The judges noted that the move to retain Habba was meant to “avoid the gauntlet of presidential appointment and Senate confirmation.” In other words, to dodge the Constitution.
Trump stretched to keep Habba in place because she’s a loyal soldier. She served Trump as a personal lawyer before joining the administration, and pledged to use her job as prosecutor to “turn New Jersey red” in a podcast interview shortly after her appointment in March. True to her word, she soon launched charges and investigations against the state’s top Democrats, often on a weak basis. She briefly charged Newark mayor Ras Baraka for supposedly trespassing at an immigration facility in May, despite the fact that he was admitted by security. She’s currently charging Rep. LaMonica McIver for making contact with an ICE officer during the same visit to the facility. Without Habba on the job, Trump lacks a servant to bring these political cases.
