A federal judge referenced the founding fathers in a legal ruling against the Trump administration’s long-running bid to fill a major U.S. attorney role.
Judge Matthew W. Brann, a conservative appointed by President Barack Obama, ruled on Monday that the Department of Justice (DOJ) had unlawfully delegated the powers of the U.S. attorney in New Jersey to a three-person team.
Attorney General Pam Bondi appointed the trio after Brann disqualified President Donald Trump’s pick, his former personal lawyer Alina Habba.
In his newly issued opinion, he wrote: “After throwing off the fetters of despotism, this nation’s founding fathers were left with the task of “institut[ing] new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.” Familiar with the dangers that attend the concentration of authority, “[t]he Framers recognized that, in the long term, structural protections against abuse of power were critical to preserving liberty.”
The declaration of independence says in part: “Whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
Brann said he would pause his decision to allow the government to appeal.
This is a developing story. More to follow.
