A Judge's Call: Why Alina Habba Can't Lead New Jersey's U. S. Attorney's Office

Court Rules Against Trump Administration's Appointment

A federal appeals court has made a significant ruling, stating that Alina Habba cannot serve as the acting U.S. attorney in New Jersey. Habba, who previously served as President Trump's personal lawyer, was deemed to have been appointed in violation of the Federal Vacancies Reform Act.

Legal Challenge and Court Decisions

Three individuals facing criminal charges in New Jersey challenged Habba's appointment, arguing it was illegal. A lower court judge agreed, ruling that Habba was not lawfully in her position, prompting her to step back from the cases.

The Justice Department appealed this decision, but the appeals court also ruled against Habba. The court criticized the Trump administration's plan, which would have allowed anyone to serve as a U.S. attorney indefinitely, contrary to the law.

Nomination and Political Opposition

Habba was initially appointed as the interim U.S. attorney for 120 days. However, her nomination faced opposition from New Jersey's two Democratic senators, making its passage unlikely. As a result, New Jersey judges chose her deputy to take over. But Attorney General Pam Bondi fired the deputy.

Administration's Attempt to Retain Habba

The Trump administration then devised a new plan to keep Habba in the role. They withdrew her nomination, she resigned, and Bondi appointed her as a "special attorney." With the top prosecutor's position vacant, Habba became the acting U.S. attorney. The court ruled this maneuver was illegal, as it circumvented the law.

Unanimous Court Decision

The three-judge panel unanimously agreed that Habba could not serve. The judges, appointed by Presidents George W. Bush and Barack Obama, concluded that the administration's plan was a red flag and would allow indefinite service without Senate approval. The law clearly requires presidential and Senate approval for such positions.