PHILADELPHIA (AP) — According to an appeals court ruling, Alina Habba, who previously served as Donald Trump’s personal attorney, has been deemed unqualified to act as New Jersey’s federal prosecutor. This decision came amidst Trump’s administration’s attempts to keep her in that position, as stated on Monday.
A panel from the 3rd U.S. Circuit Court of Appeals conducted a review in Philadelphia and concurred with an earlier ruling made by a lower court, after hearing arguments that included Habba’s presence on October 20.
In their 32-page opinion, the judges pointed out that the current administration is facing challenges in appointing its chosen candidates. “The citizens of New Jersey and those who work in the U.S. Attorney’s Office deserve clarity and stability,” they noted regarding Habba’s proposed elevation to Acting U.S. Attorney.
The court ultimately announced, “We affirm the disqualification order enacted by the District Court.” This signifies a pivotal moment as Trump’s Republican administration has been actively working to maintain Habba’s position despite her interim term having lapsed without Senate confirmation.
In a statement on X (formerly Twitter), after the court hearing, Habba expressed her commitment to advocate for other federal prosecutor candidates whose appointments are similarly stalled before the Senate.
There was no immediate reaction from the White House concerning Habba; they merely deferred questions to the Justice Department. Comments have also been sought from the U.S. Attorney’s office in New Jersey, along with Habba’s staff and the Justice Department.
Attorneys for the appellees indicated via email that the ruling confirms Habba’s unlawful service. They made it clear, “We will continue to oppose Trump’s illegal appointments of so-called U.S. Attorneys when the opportunity arises,” stated lawyers Abbe Lowell, Gerry Krovatin, and Norm Eisen.
Other Challenged Appointments
Habba’s case is not isolated; multiple Trump appointees have faced similar challenges. Just last week, a judge dismissed charges against former FBI Director James Comey and New York AG Letitia James. The judge determined that the prosecutor, Lindsey Halligan, who initiated these charges, was unlawfully appointed.
The three-judge panel consisted of two judges appointed by George W. Bush and one designated by Barack Obama, reflecting a crossed political spectrum.
Critical Remarks by the Judge
Lower Court Judge Matthew Brann expressed doubts in August about Habba’s legal standing, overseeing a series of unconventional legal measures regarding her appointment. Claims were made that her actions post-July could be invalidated, but the judgment was delayed pending appeal.
The government contended Habba filled her role correctly based on a federal statute under her interim designation as first assistant attorney, a position filled during the Trump administration.
A similar scenario unfolded in Nevada, where another Trump appointee was disqualified for similar reasons.
The Challenges Against Habba
This case arose when a number of individuals accused of federal crimes in New Jersey challenged Habba’s authority after her temporary role expired.
Before becoming a federal prosecutor in March, Habba represented Trump in various legal matters and briefly served as a White House advisor. Notably, upon her appointment, she indicated a political desire to support the Republican cause in New Jersey. One of her high-profile actions included a dropped trespassing charge against the Democratic Mayor of Newark related to a federal detention facility.
She has also opened a rare federal case against sitting U.S. Rep. LaMonica McIver, stemming from an altercation connected to the same incident, with McIver maintaining his innocence. This case continues to word its way through the legal system.
As her temporary appointment approached its end in July, it became evident that the state’s Democratic senators were unlikely to support Habba’s confirmation, leading to serious questions about her future.
In an unusual turn, while judges enacted their right to put a career prosecutor in her role, Attorney General Pam Bondi responded by terminating the appointed prosecutor and reinstating Habba. The Justice Department described the judges’ actions as premature, asserting Trump’s right to position his chosen candidates for federal enforcement.
Judge Brann’s ruling underscored that presidential appointees must still comply with the limits defined by federal law.
