{"id":144476,"date":"2026-02-19T12:07:40","date_gmt":"2026-02-19T20:07:40","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/02\/19\/doj-tries-acting-normal-in-new-jersey\/"},"modified":"2026-02-19T12:07:40","modified_gmt":"2026-02-19T20:07:40","slug":"doj-tries-acting-normal-in-new-jersey","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/02\/19\/doj-tries-acting-normal-in-new-jersey\/","title":{"rendered":"DOJ Tries Acting Normal In New Jersey"},"content":{"rendered":"

BREAKING: The Department of Justice did a totally normal thing<\/em> in New Jersey!<\/p>\n

After a year of open defiance, where \u201cacting\u201d US Attorney Alina Habba and Attorney General Pam Bondi threw up middle fingers and shitposted<\/a> about \u201crogue,\u201d \u201cactivist\u201d judges, a prosecutor in New Jersey decided to try doing stuff the regular way. For a treat!<\/p>\n

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.@USAttyHabba has been doing a great job in making NJ safe again. Nonetheless, politically minded judges refused to allow her to continue in her position, replacing Alina with the First Assistant. <\/p>\n

Accordingly, the First Assistant United States Attorney in New Jersey has just\u2026<\/p>\n

\u2014 Attorney General Pamela Bondi (@AGPamBondi) July 22, 2025<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

The unexpected gravitas occurred in one of the thousands of habeas cases currently swamping trial courts<\/a>. The Department of Homeland Security recently discovered<\/a> that 8 USC \u00a7 1225(b)(1)(B)(iii)(IV) requires mandatory detention<\/a> of asylum seekers, including those who were released in the country decades ago and given work permits. Hundreds of judges across the country \u2014 but not the Fifth Circuit! \u2014 have scoffed at this discovery<\/a> and ordered DHS to either grant immigrants a bond hearing or release them.<\/p>\n

But DHS just \u2026 keeps doing it, forcing immigrants to race to file individual habeas claims before being disappeared to a gulag in Texas. Virtually every district court in the country is straining under the weight of dozens or hundreds of virtually identical habeas petitions which require immediate judicial attention. The problem is exacerbated by DHS\u2019s total lack of interest in complying with court orders. That\u2019s what caused immigration lawyer Julie Le\u2019s courtroom crashout<\/a> in Minnesota, during which she suggested that she\u2019d welcome a contempt order because then she could finally get a rest from having to go to battle with ICE every day to get it to follow the law.<\/p>\n

In Minnesota, Chief Judge Schiltz compiled a list of 96 court orders violated<\/a> in his district in January alone. But Judge Michael Farbiarz of the District of New Jersey went one better and ordered the US Attorney\u2019s Office to produce the list itself. On February 5, he instructed prosecutors to \u201cenumerate each instance in which the Respondents or people acting on their behalf violated an order issued by a judge of this district between December 5, 2025 and the present.\u201d<\/p>\n

And to her credit, special attorney Jordan Fox complied. In a declaration<\/a> which has not yet appeared on the docket but was obtained by Politico<\/a>, Fox listed 56 violations of court orders in 547 immigration cases, including removing petitioners from New Jersey, failing to grant timely bond hearings, and late filings. Notably absent was an indignant suggestion that these orders were illegal or represented judicial overreach. In fact, Fox thanked Judge Farbiarz for \u201cthe opportunity, as a senior Department of Justice official, to submit a declaration\u201d and for his \u201crecent recognition\u201d in a separate habeas matter that her office is trying very hard to comply with court rulings under difficult circumstances.<\/p>\n

\u201cI understand Your Honor\u2019s concerns about these extremely important issues with constitutional implications,\u201d she wrote<\/a>. \u201cThe line AUSAs and staff of the Civil Division, their supervisors, the Front Office, and I will all continue to ensure full compliance with court orders.\u201d<\/p>\n

Alina Habba could never!<\/em> Which is one of the reasons that the judges in the district refused to use their power under 28 USC \u00a7 546(d)<\/a> to bless her continued tenure after her temporary appointment timed out. The president\u2019s pugilistic personal lawyer stuck around for a couple months LARPing as US Attorney, but in December the Third Circuit said the jig was up, and she finally flounced out.<\/p>\n

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pic.twitter.com\/wIhEvXXZoh<\/a><\/p>\n

\u2014 Alina Habba (@AlinaHabba) December 8, 2025<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

With no ability to install an interim replacement, Bondi appointed a troika<\/a> of three normie lawyers to run the US Attorney\u2019s Office in New Jersey.<\/p>\n

Fox, who previously served as chief of staff to Deputy Attorney General Todd Blanche, supervises the Civil and Appellate Divisions. Although she\u2019s only five years out of law school, she\u2019s Bondi\u2019s pick to run the office permanently. The New Jersey Globe<\/a> reports that Fox has been negotiating with those \u201crogue\u201d judges to appoint her under \u00a7 546(d), breaking the logjam caused by Trump\u2019s refusal to nominate someone who can get blue slips from New Jersey\u2019s two Democratic Senators. Perhaps this explains Fox\u2019s recent professionalism. Or maybe it\u2019s just that her future plans involve practicing law in New Jersey, rather than earning her living as a MAGA courtier.<\/p>\n

Whatever the reason, Judge Farbiarz credited<\/a> her filing as \u201ccareful, thorough, and plainly the product of a great deal of work by a great many professionals at the United States Attorney\u2019s Office.\u201d But it\u2019s not going to end the inquiry!<\/p>\n

\u201cOn or before February 25 at 10:00am, the Respondents shall file an affidavit, executed by a senior official, detailing the procedures that are in place (or that will be put in place in the near-term) to ensure that court orders issued by district judges in New Jersey are timely and consistently complied with,\u201d Judge Farbiarz wrote.<\/p>\n

He opened negotiations by suggested that DHS might agree not<\/em> to remove anyone with a pending habeas petition from New Jersey, since every judge in the district is administratively ordering it the second the case is assigned.<\/p>\n

Which is great news for Fox! All she has to do to land her dream job is get ICE to quit breaking the law and defying court orders. Easy peasy!<\/em><\/p>\n

Subscribe to read more at Law and Chaos\u2026.<\/em><\/a><\/p>\n

\n

Liz Dye<\/a>\u00a0produces the Law and Chaos\u00a0Substack\u00a0<\/a>and\u00a0podcast<\/a>.<\/strong><\/em>\u00a0You can subscribe by clicking the logo:<\/strong><\/em><\/p>\n

\"\"<\/a><\/figure>\n

The post DOJ Tries Acting Normal In New Jersey<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"<\/figure>\n

BREAKING: The Department of Justice did a totally normal thing<\/em> in New Jersey!<\/p>\n

After a year of open defiance, where \u201cacting\u201d US Attorney Alina Habba and Attorney General Pam Bondi threw up middle fingers and shitposted<\/a> about \u201crogue,\u201d \u201cactivist\u201d judges, a prosecutor in New Jersey decided to try doing stuff the regular way. For a treat!<\/p>\n

The unexpected gravitas occurred in one of the thousands of habeas cases currently swamping trial courts<\/a>. The Department of Homeland Security recently discovered<\/a> that 8 USC \u00a7 1225(b)(1)(B)(iii)(IV) requires mandatory detention<\/a> of asylum seekers, including those who were released in the country decades ago and given work permits. Hundreds of judges across the country \u2014 but not the Fifth Circuit! \u2014 have scoffed at this discovery<\/a> and ordered DHS to either grant immigrants a bond hearing or release them.<\/p>\n

But DHS just \u2026 keeps doing it, forcing immigrants to race to file individual habeas claims before being disappeared to a gulag in Texas. Virtually every district court in the country is straining under the weight of dozens or hundreds of virtually identical habeas petitions which require immediate judicial attention. The problem is exacerbated by DHS\u2019s total lack of interest in complying with court orders. That\u2019s what caused immigration lawyer Julie Le\u2019s courtroom crashout<\/a> in Minnesota, during which she suggested that she\u2019d welcome a contempt order because then she could finally get a rest from having to go to battle with ICE every day to get it to follow the law.<\/p>\n

In Minnesota, Chief Judge Schiltz compiled a list of 96 court orders violated<\/a> in his district in January alone. But Judge Michael Farbiarz of the District of New Jersey went one better and ordered the US Attorney\u2019s Office to produce the list itself. On February 5, he instructed prosecutors to \u201cenumerate each instance in which the Respondents or people acting on their behalf violated an order issued by a judge of this district between December 5, 2025 and the present.\u201d<\/p>\n

And to her credit, special attorney Jordan Fox complied. In a declaration<\/a> which has not yet appeared on the docket but was obtained by Politico<\/a>, Fox listed 56 violations of court orders in 547 immigration cases, including removing petitioners from New Jersey, failing to grant timely bond hearings, and late filings. Notably absent was an indignant suggestion that these orders were illegal or represented judicial overreach. In fact, Fox thanked Judge Farbiarz for \u201cthe opportunity, as a senior Department of Justice official, to submit a declaration\u201d and for his \u201crecent recognition\u201d in a separate habeas matter that her office is trying very hard to comply with court rulings under difficult circumstances.<\/p>\n

\u201cI understand Your Honor\u2019s concerns about these extremely important issues with constitutional implications,\u201d she wrote<\/a>. \u201cThe line AUSAs and staff of the Civil Division, their supervisors, the Front Office, and I will all continue to ensure full compliance with court orders.\u201d<\/p>\n

Alina Habba could never!<\/em> Which is one of the reasons that the judges in the district refused to use their power under 28 USC \u00a7 546(d)<\/a> to bless her continued tenure after her temporary appointment timed out. The president\u2019s pugilistic personal lawyer stuck around for a couple months LARPing as US Attorney, but in December the Third Circuit said the jig was up, and she finally flounced out.<\/p>\n

With no ability to install an interim replacement, Bondi appointed a troika<\/a> of three normie lawyers to run the US Attorney\u2019s Office in New Jersey.<\/p>\n

Fox, who previously served as chief of staff to Deputy Attorney General Todd Blanche, supervises the Civil and Appellate Divisions. Although she\u2019s only five years out of law school, she\u2019s Bondi\u2019s pick to run the office permanently. The New Jersey Globe<\/a> reports that Fox has been negotiating with those \u201crogue\u201d judges to appoint her under \u00a7 546(d), breaking the logjam caused by Trump\u2019s refusal to nominate someone who can get blue slips from New Jersey\u2019s two Democratic Senators. Perhaps this explains Fox\u2019s recent professionalism. Or maybe it\u2019s just that her future plans involve practicing law in New Jersey, rather than earning her living as a MAGA courtier.<\/p>\n

Whatever the reason, Judge Farbiarz credited<\/a> her filing as \u201ccareful, thorough, and plainly the product of a great deal of work by a great many professionals at the United States Attorney\u2019s Office.\u201d But it\u2019s not going to end the inquiry!<\/p>\n

\u201cOn or before February 25 at 10:00am, the Respondents shall file an affidavit, executed by a senior official, detailing the procedures that are in place (or that will be put in place in the near-term) to ensure that court orders issued by district judges in New Jersey are timely and consistently complied with,\u201d Judge Farbiarz wrote.<\/p>\n

He opened negotiations by suggested that DHS might agree not<\/em> to remove anyone with a pending habeas petition from New Jersey, since every judge in the district is administratively ordering it the second the case is assigned.<\/p>\n

Which is great news for Fox! All she has to do to land her dream job is get ICE to quit breaking the law and defying court orders. Easy peasy!<\/em><\/p>\n

Subscribe to read more at Law and Chaos\u2026.<\/em><\/a><\/p>\n

\n

Liz Dye<\/a>\u00a0produces the Law and Chaos\u00a0Substack\u00a0<\/a>and\u00a0podcast<\/a>.<\/strong><\/em>\u00a0You can subscribe by clicking the logo:<\/strong><\/em><\/p>\n

\"\"<\/a><\/figure>\n","protected":false},"excerpt":{"rendered":"

BREAKING: The Department of Justice did a totally normal thing in New Jersey! After a year of open defiance, where \u201cacting\u201d US Attorney Alina Habba and Attorney General Pam Bondi threw up middle fingers and shitposted about \u201crogue,\u201d \u201cactivist\u201d judges, a prosecutor in New Jersey decided to try doing stuff the regular way. For a […]<\/p>\n","protected":false},"author":3,"featured_media":144416,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-144476","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2026\/02\/law-and-chaos-logo-liz-dye-300x153-5S3VmN.jpg?fit=300%2C153&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/144476","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=144476"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/144476\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/144416"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=144476"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=144476"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=144476"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}