Appeals Court Issues Ruling On Alina Habba Serving As Top Prosecutor In New Jersey

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An appellate court ruled on Monday that Alina Habba is serving unlawfully as U.S. attorney for New Jersey.

A three-judge panel for the 3rd Circuit Court of Appeals upheld a lower court ruling disqualifying Habba for the position.

According to CBS News, the ruling stemmed from three men facing criminal charges in New Jersey challenging the validity of Habba’s appointment as a violation of the Federal Vacancies Reform Act.

CBS News has more:

U.S. District Judge Matthew Brann ruled in August that Habba has been serving without lawful authority since the beginning of July, when she was tapped to temporarily lead the U.S. Attorney’s Office in New Jersey. Brann said she must be disqualified from participating in ongoing cases.

The Justice Department appealed that decision to the 3rd Circuit, which is now the first federal appeals court to weigh in on the administration’s scheme for installing certain U.S. attorneys.

Habba was tapped to serve as interim U.S. attorney in New Jersey earlier this year, but her appointment to the role was limited to 120 days, unless the U.S. district court in New Jersey voted to extend her tenure or she was confirmed to the post by the Senate. Habba’s nomination, however, was unlikely to win approval in the upper chamber, as New Jersey’s two senators, Democrats Cory Booker and Andrew Kim, opposed her nomination.

The Trump administration could request for a full panel from the 3rd Circuit to reconsider the decision or appeal to the Supreme Court, Fox News noted.

Fox News shared a breaking alert:

Fox News shared further:

Habba is one of several names who became jammed up in court proceedings over allegations that Trump sidestepped the Senate and improperly exploited loopholes in federal vacancy laws to keep his preferred prosecutors in place.

Habba’s case was the furthest along in the court process, but Lindsey Halligan and Bill Essayli, temporary U.S. attorneys in Virginia and California, respectively, are among those also facing high-stakes court challenges to their appointments. A federal judge found last week that Halligan was unlawfully serving in her role, but the administration has vowed to appeal the decision.

The panel that heard Habba’s case comprised two appointees of former President George W. Bush and an appointee of former President Barack Obama.



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