Nothing unusual about the first Monday in December, other than it starts a month of holidays, holiday parties, and a general feeling that work can wait. Which means, for Rumpole, this is the perfect time to try that pesky case that has hung around all year. So take our advice, announce ready, and pick six (or twelve in fed court).
Speaking of federal court, those pesky judges of the Third Circuit ruled today that Alina Habba, the putative US Attorney for New Jersey (Motto: "Yes Mr. President, Of Course Mr. President, Anything You Say Mr. President") was in fact not lawfully appointed and is NOT the US Attorney for New Jersey. The opinion is here.
Habba was appointed an interim US Attorney. Then the term expired. Then the Judges of New Jersey appointed a well-respected and experienced prosecutor in the Office. Then Bondi fired the attorney the Judges appointed. Then Bondi appointed Habba first assistant, making her the de facto (Latin for what Trump wants) US Attorney and also appointed her a Special Attorney For New Jersey. We always knew Habba was special, and this confirmed it. Yuk Yuk Yuk.
Then the Judges of New Jersey challenged Bondi to Rock-Paper-Scissors to settle the dispute. Then the score being 2-2, Bondi chose Rock while the Judges went with paper. Then Bondi said Rock can be thrown through paper and "I win. Habba stays." Then there was an appeal in which the 3rd Circuit held that Bondi's actions were designed to thwart the law Congress enacted. The Court further held that "as long as anyone can remember, paper covers rock, and the Judges won fairly and squarely. Habba is out."
As Bruce sings about New Jersey, "In the day we sweat it out on the streets of a runaway American dream. At night we ride through the mansions of glory in suicide machines. Sprung from cages on highway 9, chrome wheeled, fuel injected and steeping out over the line."
"The Trump Administration stepped out over the line. Affirmed. See Born To Run, Bruce Springsteen, August 25, 1975. "
Fun facts: All three members of the panel of the 3rd Circuit have their first name as an initial, which will give rise to conspiracy theorists. The opinion was written by Judge D. Michael Fisher, and was joined by Judges D. Brooks Smith and L. Felipe Restrepo. What do you make of that? VERY VERY suspicious. And has ICE checked on Judge Felipe's immigration status? Just asking.
Also, we kid you not, one of the Appellees goes by the Nom- de New Jersey as ....wait for it....
"Flipping NJ".
Gotta love appellate law.