← Legal AF by MeidasTouch
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- [00:01]
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- [00:31]
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- [00:59]
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- [01:29]
Michael Popak
Edu Alina Haba's in the news again for all the wrong reasons. 17 judges of the District Court of New Jersey are meeting today to decide what to do with their interim U.S. attorney candidacy. See, she was appointed on an interim basis by Donald Trump to be the U.S. attorney for all of New Jersey, the chief federal officer there. But she had 120 days in which to get confirmed by the Senate. And she's getting blocked and blocked well by the two Democratic senators from New Jersey, Cory Booker and Senator Kim. And they're going to blue slipper. They're not going to give her the blue slip that she needs to get out of committee and they've told that to the Trump side. Her seeing the writing on the wall. She's apparently gotten her staff together and has said she doesn't have the votes with the federal district judge to extend her tenure. Does that mean we've seen the last of Alina Haba as the US Attorney in New Jersey? I'll cover it all from Midas Touch. I'm Michael Popak and this is legal af let's get into it. How do we get here? And we got a rule, a rule that of course was made to be broken by Donald Trump. There is a statute that applies here, 28 USC 546, and it effectively says that the U.S. the U.S. attorney General in this case, Pam Bondi, when there's a vacancy like there was in New Jersey, appoints someone to that position. She just can't appoint somebody to that position that can't get confirmed or won't be or hasn't been confirmed by the Senate. In other words, if Haba went through the full process and got rejected by the Senate, she couldn't then be the interim, but she then can appoint somebody that person serves at the pleasure of the attorney general for, for as long until they get confirmed by the Senate or 120 days, whichever happens first. 120 days is going to be on Tuesday. So they're running out of time. They had a similar part problem with Ed Martin in District of Columbia, except they out foxed, if you will, the D.C. circuit Court judges because instead of allowing the judges there to appoint someone because that's the next step in the 28 USC section 546 process, the judges pick for the, for the interim basis until somebody is confirmed. Trump just stuck another person in there. Jeanine Pirro gave himself another kind of a reset. There was nothing in the statute or in the case law that says he's allowed to do that, but that's what he did. So keep your eye on the ball here. I'm not. I love the fact that the that the 17 active duty judges for the District of New Jersey, my home state, 15 of which are Democrats, five appointed by Obama, 10 appointed by Biden, and two appointed by Bush, are going to meet. They could do nothing. And they could just let Trump fix the problem by sticking another appointee in there. I doubt they do that. They could take some comfort about how the Northern District of New York just recently rejected a Trump appointment and refused to extend that person's term. That John Sarcone, they could say, well, we could do the Sarcone thing and not extend her. They have two candidates that they'd like to stick in there instead of her. Right. They've got a first assistant U.S. attorney, Desiree Rice, they like to stick in there. And Noel Hillman, who used to be a judge, they're likely to do that. What could Donald Trump do with Alina Harbor? That's the question. Just because she doesn't get extended her term doesn't get extended by the New Jersey district judges doesn't mean she can't be put through a process through the Senate. Now, my, my, what the horse race I'm watching is whether they're successful in getting a mil Beauvais, another criminal defense lawyer for Donald Trump, shoved through as an appellate judge in the Third Circuit. Because if they're successful in doing that, we just saw the Democrats in the Senate Judiciary Committee walk out and he barely got the votes to get out of committee and go to the House floor and. I'm sorry, the Senate floor, where there's going to be another firefight on the Senate floor about Emil Bovet, who's obscenely unqualified for his job, both in demeanor and in intellect and in ethics. But if they get him through, Trump will be emboldened, I believe, and they will try to shove Alina Haba through. Now, the block is Cory Booker and Kim. I'm going to try to get Senator Booker back to talk to us here on Legal AF about this, about this process. But they have to give a blue slip, one or both of the senators for a state. Now, this is courtesy. This is Senate rules. Question is, is John Thune, who is the Senate majority leader, going to rip up the book of protocol for Senate norms? He's done it so far. And allow over a blue slip. Objection. Allow Alina harbor to, to have her candidacy move forward. If Trump decides to do that now, he's, he's, Trump's going to have to make a political calculation about whether he's got the votes to get her in there.
- [07:07]
Co-host or Contributor
Summer is officially here, which means mosquito season is in full swing.
- [07:12]
Michael Popak
And I'll be honest, in my house.
- [07:13]
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- [09:00]
Michael Popak
Worst case scenario, she doesn't get the job and he could stick her. Unfortunately, he could stick her somewhere where she could do even more damage. You know, this is what happened with Ed Martin. We were all rubbing our hands in glee that we successfully got Ed Martin knocked out of being the U.S. attorney for the District of Columbia, which is a good thing. But then Trump just made him the the chair of the Committee on Weaponization of the of the Department of Justice. He's just running around like a minister without portfolio, bringing on all sorts of kooky crazies from the Jan6 conspiracy world, including Jan Sixers themselves, to serve on that committee. You know, so not, you know, Senate confirmation for a position doesn't mean that, you know, you that Trump couldn't find another position that could do as much or more damage that doesn't require Senate confirmation. So I wanted to get beneath the headline here. That's what we like to do. On Legal af. Another headline was like, haba, you know, bids farewell to her staff, says she doesn't have the votes but loves the job. Something like that. I saw the headlines. But then when you look beneath it, it doesn't mean that Trump, now emboldened with so many Senate and House wins, isn't going to try. And the more you challenge Trump to violate the rules, they'll say, what's the rule? What's the norm? It's a Senate protocol. Screw that. I mean, you could just hear it, you know, I'm going to get a lean of that job, all right? But I do like the resistance of the, of the New Jersey District court judges who look like have signaled they are not going to extend her 120 days. And I don't think, you know, just to round out this hot take, I don't think they're going to give Donald Trump a couple of day gap to appoint another person, reset the clock like he just did in D.C. with, with, with Jeanine Pirro and get another 120 days, you know, to try to work it out with Alina Haba. I think they're going to stick somebody in there in between this first assistant U.S. attorney, career prosecutor or this former federal judge Noel Hillman who wants the job. And, and they'll stay until there's a permanent person filled. Question is, is that person is going to be named Alina Haba or not? Under normal circumstances, I would say no because of the blue slip block by Booker or by Kim. But we don't live in normal circumstances. We have to be prepared. I think it's interesting that the district court judges are look like they're going to settle on a Republican to fill that spot under a Republican president as opposed to a Democrat, even though they're mainly Democrats. I mean, Trump's gonna have a hard time complaining about that. Like, oh, you know, the Obama, Biden, Democrats, activist judges again, what, pick two Republicans. I mean, most of his, all of his complaining is not based in any type of reality or fact, but we've always known that. So I'll continue to follow it all right here. I'm back. As you can see from the backdrop, I'm back from overseas. I'm back behind the microphone. I'm back with you. I certainly miss doing this on a regular basis. I try to keep up with it as best I could while maintaining my family vacation. But it is easier now that I'm back full time with you. So Legal AF, the podcast, Wednesdays and Saturdays at 8pm Eastern Time, here on Midas Touch, we got a legal AF YouTube channel. Wow. It's just, it's, it's gangbusters. It's going through the roof. It's all because of you. We're well over 700,000 subscribers in less than nine months and went over our 200 million views. What a milestone. I could never, never could have imagined it. We formed the channel back in September, so a big compliment to you and we are humbled by it. And of course, I've got the substack for Legal A with all the postings in there about law and legal filings. And then I got my new podcast Tuesday nights on Midas Touch called the intersection 8:00pm Eastern Time right here on the Midas Touch Network. So until my next report, I'm Michael Fofak. Can't get your fill of Legal af? Me neither. That's why we formed the Legal AF Substack.
- [13:12]
Co-host or Contributor
Every time we mention something in a hot take, whether it's a court filing.
- [13:16]
Michael Popak
Or a oral argument, come over to the substack. You'll find the court filing and the oral argument there, including a daily roundup.
- [13:23]
Co-host or Contributor
That I do called Wait for It Morning af.
- [13:26]
Michael Popak
What else? All the other contributors from Legal AAF are there as well. We got some new reporting, we got interviews, we got ad free versions of.
- [13:34]
Co-host or Contributor
The podcast and hot takes where Legal AF on Substack.
- [13:39]
Michael Popak
Come over now to free subscribe.
- [13:45]
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