A federal appeals court ruled Monday that President Donald Trump unlawfully appointed his former personal attorney, Alina Habba, to serve as the top prosecutor in New Jersey — a decision that could have far-reaching implications for other controversial Trump appointments that have been challenged in court.
In a unanimous decision, a panel of judges on the U.S. Court of Appeals for the Third Circuit said that the extraordinary maneuvers the Justice Department deployed to bypass Senate confirmation and keep Habba in the top position were unlawful.
The appeals court’s ruling upheld a lower court’s decision disqualifying Habba. The question of the legality of her appointment will now likely be settled by the Supreme Court.
“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” the judges wrote. “Its efforts to elevate its preferred candidate for U.S. Attorney for the District of New Jersey, Alina Habba, to the role of Acting U.S. Attorney demonstrate the difficulties it has faced—yet the citizens of New Jersey and the loyal employees in the U.S. Attorney’s Office deserve some clarity and stability.”
By law, interim U.S. attorney appointments can last for only 120 days. If there is no Senate-confirmed nominee at that point, federal judges are empowered to appoint an acting replacement in their districts.
The decision Monday applies directly only to Habba’s appointment, but it could shape the fate of other interim U.S. attorneys appointed to their posts through the same complex maneuvers used in New Jersey, including prosecutors in California, Arizona, New Mexico and New York. A similar issue involving the appointment of Lindsey Halligan as U.S. attorney in the Eastern District of Virginia led last week to the dismissal of cases against former FBI Director James B. Comey and New York Attorney General Letitia James.
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